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HomeMy WebLinkAbout2022-04-06 PacketPage 1 of 7 City Council Regular Meeting AGENDA (to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://zoom.us/j/97199426600 Or you can call in using your telephone only: Call (toll free) 1-888-788-0099 Enter the Access Code: 971 9942 6600 To Raise Hand enter *9 To Speak after being recognized: enter *6 to unmute yourself Or One tap mobile (for easy connection on smart phones): US: +16699009128,,97199426600# or +12532158782,,97199426600# Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings. April 6, 2022 - 6:00 PM 1.ROLL CALL 2.PLEDGE OF ALLEGIANCE 3.PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 3.a.Proclamation Recognizing April 10th - 16th as National Public Safety Telecommunications Week in the City of Ukiah. Recommended Action: Issue Proclamtion Attachments: 1.Proclamation - Public Safety 3.b.Proclamation Recognizing April as Arts, Creativity, and Culture Month. Recommended Action: Issue proclamation. Attachments: 1.Proclamation 4.PETITIONS AND COMMUNICATIONS 5.APPROVAL OF MINUTES Page 1 of 281 Page 2 of 7 5.a.Approval of the Minutes for the March 16, 2022, Special Meeting. Recommended Action: Approve minutes for the March 16, 2022, special meeting. Attachments: 1.2022-03-16 Draft Minutes - Special Meeting 5.b.Approval of the Minutes for the March 16, 2022, Regular Meeting. Recommended Action: Attachments: 1.5b 2022-03-16 Draft Minutes 5.c.Approval of the Minutes for the March 30, 2022, Special Meeting. Recommended Action: Approve minutes for the March 30, 2022, special meeting. Attachments: 1.5c 2022-03-30 Draft Minutes - Special Meeting 6.RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7.CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. 7.a.Possible Adoption of the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal. Recommended Action: Adopt the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal. Attachments: 1.Ordinance 7.b.Possible Adoption of an Ordinance Adding Article 6 to Chapter 1, Division 3 of Ukiah City Code for the Adoption of the California Model Water Efficient Landscape Ordinance. Recommended Action: Adopt an ordinance adopting the California Model Water Efficient Landscape Ordinance. Attachments: 1.Ordinance 7.c.Possible Adoption of an Ordinance Adding Chapter 3 to Division 3 of Ukiah City Code Setting Forth Procedures for Expediting Permit Processing for Electric Vehicle Charging Systems. Recommended Action: Adopt an Ordinance setting forth procedures for expediting permit processing for electric vehicle charging systems. Attachments: 1.EV Submittal Checklist 2.Electric Vehicle Charging System Permit Ordinance 7.d.Report of Acquisition of Professional Services from Alpha Analytical Laboratories, Inc. in the Amount of $15,463.10, for Quarterly Water Sampling and Completion of Chemical Examination Reports for the Ukiah Landfill. Recommended Action: Receive report of acquisition of professional services from Alpha Analytical laboratories, Inc. in the amount of $15,463.10 for quarterly water sampling and Page 2 of 281 Page 3 of 7 completion of chemical examination reports for the Ukiah landfill. The report is submitted pursuant to City Code. Attachments: 1.Alpha Invoices 7.e.Approval of Plans and Specifications for the 2022 Slurry Seal of Local Streets and Authorize Staff to Issue Bids for Specifications No. 22-01. Recommended Action: Approve Plans and Specifications for the 2022 Slurry Seal of Local Streets and Authorize Staff to Issue Bids for Specification No. 22-01. Attachments: 1.Plan - 22-01 2022 Slurry Seal of Local Streets 2.Spec No 22-01 Slurry Seal of Local Streets 7.f.Report of Final Cost for the Emergency Diagnosis and Repair of a Leak at Pressure Zone 1 South, and Approve Corresponding Budget Amendment in the Amount of $32,340.47 Using Water Reserve Funds. Recommended Action: Receive a report of the emergency purchase for the diagnosis and repair of a leak at the Pressure Zone 1 South Tank, and approve corresponding budget amendment in the amount of $32,340.47 using Water Reserve Funds. Attachments: 1.PZ1MarchDEWRSInvoice 2.Additional Invoices 7.g.Notification of Purchase of AVEVA Flex License Software from E&M Electric & Machinery Laboratories, Inc. in the Amount of $21,400 for Use at the Ukiah Water Treatment Plant. Recommended Action: Receive notification of purchase of AVEVA Flex License Software in the amount of $21,400.00 Attachments: 1.AVEVA Quote 2.00047819 7.h.Adoption of Resolution Approving a Successor Memorandum of Understanding Between the City of Ukiah and the Ukiah Professional Fire Association Local 3686, and Authorizing the City Manager to Execute. Recommended Action: Adopt a Resolution approving a successor Memorandum of Understanding between the City of Ukiah and the Ukiah Professional Fire Association, Local 3686, approve the corresponding budget amendment, and authorizing the City Manager to execute on behalf of the City. Attachments: 1.UPFA Memorandum of Understanding 2022-2025 2.Resolution 7.i.Consideration of Approval of Change Order in the Amount of $20,800 to All Star Painting for the Alex Thomas Plaza Painting Project. Recommended Action: Approve Change Order in the amount of $20,800 to All Star Painting for the Alex Thomas Plaza Painting Project. Attachments: 1.Color and Finish Schedule Update 2.Paint Palette and Study 3.ALL STAR PAINTING INC Proposal for Alex thomas plaza change orders 3.28.2022 7.j.Adoption of a Resolution Authorizing the Submittal of Application(s) for all CalRecycle Grants for which the City is Eligible. Page 3 of 281 Page 4 of 7 Recommended Action: Adopt a resolution authorizing the submittal of application(s) for all CalRecycle for which the City is eligible. Attachments: 1.7i CC Reso 2022-12 - Adopting NOI RE SB 1383-Organic Waste Reductions 2.Proposed Resolution - CalRecycle Grant App Authorization 7.k.Notification of Purchase of new Pump and Motor as Part of Purchase Order #47600 Issued to Bartley Pump PM, LLC for the Teardown, Inspection, and Rehabilitation of Well #8, and Approval of Corresponding Budget Amendment in the Amount of $135,618.07 Using the Water Reserve Funds. Recommended Action: Receive notification of the additional expense of the purchase of a new pump and motor as part of Purchase Order #47600 issued to Bartley Pump PM, LLC for the teardown, inspection, and rehabilitation of Well #8, and approve corresponding budget amendment in the amount of $135,618.07 using the Water Reserve Funds. Attachments: 1.Purchase Order 00047600 7.l.Award the Purchase of a Vactor 2100i Truck Mounted Vacuum System in the amount of $542,462.07 from Owen Equipment, and Approve Corresponding Budget Amendment. Recommended Action: Award purchase of a Vactor 2100i Truck Mounted Vacuum System from Owen Equipment in the amount of $542,462.07, and approve corresponding budget amendment. Attachments: 1.Vehicle Justification Form 2.City of Ukiah- Vactor 2100i 7.m.Contract with HdL Companies for Tax and Fee Administration Services for Transient Occupancy, and Approve Corresponding Budget Amendment. Recommended Action: Authorize the City Manager to negotiate and execute a three-year contract with HdL Companies for audit and financial assistance services of the City's Transient Occupancy Tax (TOT) revenue - including short term rental compliance, and authorize the corresponding budget amendment. Attachments: 1.20220330 Revised Ukiah HdL TOT Proposal 2.Cost Analysis 7.n.Approve Contract Amendment 2 with Excergy/E Source in the Amount of $55,000 for Utility Billing Customer Information System Project Management Services, and Approve a Corresponding Budget Amendment. Recommended Action: Approve contract amendment 2 with Excergy/E Source in the amount of $55,000 for Utility Billing Customer Information System Project Management Services, and approve a corresponding budget amendment. Attachments: 1.Original Contract #2021-089 -Excergy - Utility Billing CIS PM 2.Amendment 1 3.Amendment 2 - Contract #2021-089 8.AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 9.COUNCIL REPORTS Page 4 of 281 Page 5 of 7 10.CITY MANAGER/CITY CLERK REPORTS 11.PUBLIC HEARINGS (6:15 PM) 11.a.Conduct a Public Hearing and Receive the Measure P Oversight Board Report and Findings for 2019 and 2020 and Disband the Committee Per Resolution 2014-28. Recommended Action: Resolution 2014-28 directs the City Council to conduct a Public Hearing, receive the Measure P Annual Financial Report, and if no further action is desired, disband the committee. Citizen advisement: Notice to be published in Ukiah Daily Journal no less than 10 days prior to the Public Hearing, placed in the Civic Center Public Binder and available for public review on the City's website at http://www.cityofukiah.com/projects/notices-and-bulletins/ under the Public Notices tab. Measure P Oversight Committee members. Attachments: 1.2014-28 CC Reso - Establishing Expenditure Plan for Public Safety and Oversight Board 2.Measure P Financial Report, FYs 2019 and 2020 12.UNFINISHED BUSINESS 12.a.Consideration of Adoption of Resolution to Remove On-Street Parking on State Street, from the Intersection of Mill Street to Beacon Lane. Recommended Action: Adopt a resolution removing on-street parking on State Street from the intersection of Mill Street to Southern City Limits (Beacon Lane). Attachments: 1.Proposed No Parking Notice 2.Public Comment 3.Resolution 13.NEW BUSINESS 13.a.Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s). Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s). Attachments: 1.2022 City Council Special Assignments 14.CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING 14.a.Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3)) Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1) Recommended Action: Attachments: None 14.b.Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)or(3)) Page 5 of 281 Page 6 of 7 Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 potential case, involving possible termination of construction contract for cause) Recommended Action: Attachments: None 14.c.Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 Recommended Action: Attachments: None 14.d.Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-20-74612 Recommended Action: Attachments: None 14.e.Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1)) Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603 Recommended Action: Attachments: None 14.f.Conference with Real Property Negotiators (Cal. Gov’t Code Section 54956.8) Property: APN Nos: 157-050-03, 157-060-02, 157-050-04, 157-050-03, 157-030-02, 157-050- 01, 157-050-02, 157-050-10, 157-050-09, 157-070-01, 157-070-02, 003-190-01 Negotiator: Sage Sangiacomo, City Manager; Negotiating Parties: Dave Hull and Ric Piffero Under Negotiation: Price & Terms of Payment Recommended Action: Attachments: None 14.g.Conference with Real Property Negotiators (Cal. Gov’t Code Section 54956.8) Property: 1850 Talmage Road, Ukiah, CA 95482 Negotiator: Sage Sangiacomo, City Manager, or his Designee Negotiating Parties: City of Ukiah and Rogina Water Company Under Negotiation: Price & Terms of Payment Recommended Action: Attachments: None 14.h.Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units Recommended Action: Attachments: None 15.ADJOURNMENT Page 6 of 281 Page 7 of 7 Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Kristine Lawler, CMC/City Clerk Dated: 4/1/22 Page 7 of 281 Page 1 of 2 Agenda Item No: 3.a. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1509 AGENDA SUMMARY REPORT SUBJECT: Proclamation Recognizing April 10th - 16th as National Public Safety Telecommunications Week in the City of Ukiah. DEPARTMENT: Police PREPARED BY: Noble Waidelich, Chief PRESENTER: Mayor Brown and Noble Waidelich, Chief of Police ATTACHMENTS: 1. Proclamation - Public Safety Summary: The City Council will consider issuing a proclamation recognizing April 10th through the 16th as National Public Safety Telecommunicators Week in the City of Ukiah. Background: The idea of a week to celebrate Public Safety Dispatchers originated in 1981 with the Contra Costa County Sheriff’s Office. National Public Safety Telecommunicators Week was signed into law in 1994, and is now celebrated annually during the second full week of April to thank those who dedicate their lives to serving the public. Discussion: Across the nation, in times of intense personal crisis and community-wide disasters, the first access point for those seeking all classes of emergency services is 9-1-1. The emergency communications centers and public safety dispatchers that receive these calls have emerged as the first and single point of contact for persons seeking immediate relief during an emergency. Public safety dispatching requires a unique skillset, and dedicated professionals prepared to handle any variety of emergency situations at any time. These public safety professionals are dedicated to helping citizens when they need it most and are the vital link between law enforcement and emergency response personnel. Ukiah Police Departments Public Safety Dispatchers respond to emergency calls, dispatch emergency professionals and equipment, and render lifesaving assistance to the citizens of Ukiah and Mendocino County 24 hours a day, 7 days a week for the City of Ukiah and the City of Fort Bragg Police Department. In 2021, Ukiah Police Dispatchers received over 78,000 telephone calls from members of the community seeking assistance. 16,188 of those phone calls were 9-1-1 calls for assistance. In the year 2020, emergency dispatchers were also officially recognized as “First Responders” by the State of California, just like their partner police officers, firefighters and EMS workers. The City of Ukiah Building Maintenance Department has arranged for the exterior of the City of Ukiah Civic Center to be accented in gold lighting throughout the week in commemoration of Public Safety Telecommunicators Week. The color gold has long been associated with public safety dispatchers, who are known as “the calm voice in the dark, the heroes behind the scenes, the Golden Link that holds it all together”. The proclamation recognizing April 10th through the 16th as National Public Safety Telecommunicators Week in Ukiah, is Attachment 1. Page 8 of 281 Page 2 of 2 Recommended Action: Issue Proclamtion BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Tracey Porter, Communications and Records Manager Page 9 of 281 ROCLAMATION CITY OF UKIAH NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK APRIL 10-16, 2022 WHEREAS, the National Public Safety Telecommunicators Week was signed into law in 1994, and is now celebrated annually during the second full week of April to thank those who dedicate their lives to serving the public; and WHEREAS, across the nation in times of intense personal crisis and community-wide disasters, the first access point for those seeking all classes of emergency services is 9-1-1; and WHEREAS, the emergency communications centers and public safety dispatchers that receive these calls have emerged as the first and single point of contact for persons seeking immediate relief during an emergency; and WHEREAS, public safety dispatching requires a unique skillset, and dedicated professionals prepared to handle any variety of emergency situations at any time; and WHEREAS, these public safety professionals are dedicated to helping citizens when they need it most and are the vital link between law enforcement and emergency response personnel; and WHEREAS, Ukiah Police Department’s Public Safety Dispatchers respond to emergency calls, dispatch emergency professionals and equipment, and render lifesaving assistance to the citizens of Ukiah and Mendocino County 24 hours a day, 7 days a week; and WHEREAS, in 2021, Ukiah Police Dispatchers received over 78,000 telephone calls from members of the community seeking assistance; and WHEREAS, 9-1-1 dispatchers are officially recognized by the State of California as “First Responders” just like their partner police officers, firefighters, and EMS workers; and WHEREAS, the City of Ukiah Building Maintenance Department has arranged for the exterior of the City of Ukiah Civic Center to be accented in gold lighting throughout the week in commemoration of National Public Safety Telecommunicators Week; and WHEREAS, the color gold has been long associated with public safety dispatchers, who are known as “the calm voice in the dark, the hero’s behind the scenes, the Golden Link that holds it all together”. THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah hereby proclaims the week of April 10 through 16, 2022, as; National Public Safety Telecommunicators Week in the City of Ukiah. Signed and sealed, this 6th day of March in the year Two Thousand and Twenty-Two. ____________________________ Jim O. Brown City Council, Mayor ATTACHMENT 1 Page 10 of 281 Page 1 of 2 Agenda Item No: 3.b. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1517 AGENDA SUMMARY REPORT SUBJECT: Proclamation Recognizing April as Arts, Creativity, and Culture Month. DEPARTMENT: Community Services PREPARED BY: Neil Davis, Community Services Director PRESENTER: Mayor Brown ATTACHMENTS: 1. Proclamation Summary: In 2019, Arts, Culture and Creativity Month was declared by the California Senate in a concurrent resolution to be every April in California to recognize and celebrate the significant impact the arts have in California. Activities occur throughout the state including city and county proclamations, op-eds, special events, performances, round tables and more. The goal of this month-long campaign is to elevate public awareness of the value of the arts and the collective impact the arts bring to our communities and state. Background: Public art is one of the most commonly addressed areas in the Arts, Culture, and Creativity arena (The Arts). This is due to the combination of the need to engage the public in decision making, and the well documented health, economic, and quality of life benefits to public art. However, the benefits of creativity in all its forms goes beyond the scope of what is often thought of as “public art.” Art and creativity in the community can be found in private, retail, or public locations. It can involve non-profit or for-profit enterprises. It crosses all manner of expression, from murals, to literature, music, the spoken word, historical presentations, and much more. Communities with a strong, forward-facing commitment to The Arts attract tourists, new businesses, young families, and artists. Nationally, the nonprofit and for-profit Arts is a $730 billion industry that directly employs 4.8 million arts workers. More than two-thirds of American adult travelers say they included a cultural, arts, heritage, or historic activity or event in the past year and 32% of these travelers added extra time to their trip because of a cultural, arts, heritage, or historic activity or event. The City of Ukiah directly or indirectly hosts a wide variety of artistic endeavors. From the Concerts in the Park, to the Space School for Performing Arts, the Ukiah Haiku Festival, the Grace Hudson Museum, Pastels in the Plaza, and to the buskers playing music on the street during First Friday Art Walks. Additionally,in 2021, the City joined the National Mayor's Monarch Pledge Program, leading to the commissioning of a Monarch Mural to be painted at Alex Thomas Plaza. Outstanding examples of public art can be seen in nearby communities, like the sculpture garden in Geyserville, Fort Bragg's renowned Alleyway Art Program, and the sculptures that line Cloverdale’s downtown. Discussion: In an effort to facilitate the development of more public art locally, the City of Ukiah adopted an art in public places policy in 2016. Staff is currently working with the Arts Council of Mendocino County and concerned citizens to develop a public art strategic plan and strengthen the City’s procedure that accompanies the policy to make it easy for artists to contribute to the Arts, Culture, and Creativity of the City. Members of this ad hoc advisory group have expressed interest in adding public art to Alex Thomas Plaza as part of a proposed goal of adding fifty pieces of Public Art to Ukiah in the next five years. Page 11 of 281 Page 2 of 2 With the attached proclamation (Attachment 1), the City of Ukiah reaffirms its commitment to and appreciation for the Arts. Recommended Action: Issue proclamation. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Page 12 of 281 ROCLAMATION CITY OF UKIAH RECOGNIZING APRIL AS ARTS, CREATIVITY, AND CULTURE MONTH. WHEREAS, the availability of Arts, Creative Endeavors, and Culture embody much of the accumulated wisdom, intellect, and imagination of humankind; and; WHEREAS, the availability of Arts, Creative Endeavors, and Culture enhance and enrich the lives of every American and play a unique role in the lives of our families, our communities, and our country; and WHEREAS, the unique manner in which the residents of the City of Ukiah express themselves through the arts is of interest and attracts visitors to our community; and WHEREAS, two-thirds of American adult travelers say they included a cultural, arts, heritage, or historic activity or event, in the past year. WHEREAS, 32% of these travelers added extra time to their trip because of a cultural, arts, heritage, or historic activity or event; and WHEREAS, industries that are planning relocation or expansion place great emphasis on a healthy cultural climate; and WHEREAS, nationally the nonprofit and for-profit arts is a $730 billion industry that directly employs 4.8 million arts workers; and WHEREAS, studies show that innovation and creativity are key components to a prosperous future California economy, and WHEREAS, whereas the public expression or Arts, Creative Endeavors, and Culture can assist with the processing of strong emotions including the grief and loss experienced during this pandemic; and WHEREAS, Arts, Creative Endeavors, and Culture contribute towards cross-cultural understanding, and enhance our quality of life; and WHEREAS, in 2019, Arts, Creativity, and Culture Month was declared by the California Senate in a concurrent resolution to be every April in California to recognize and celebrate the significant impact the arts have in California. THEREFORE BE IT RESOLVED, that the Month of April be recognized as Arts, Creativity, and Culture Month in the City of Ukiah. Signed and sealed, this 6th day of April in the year Twenty Thousand Twenty-Two. ____________________________ Jim O. Brown City Council, Mayor ATTACHMENT 1 Page 13 of 281 AGENDA ITEM 5a Page 1 of 2 CITY OF UKIAH CITY COUNCIL MINUTES Special Meeting Virtual Meeting Link: https://zoom.us/j/97199426600 Ukiah, CA 95482 March 16, 2022 4:00 p.m. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Ukiah City Council met at a Special Meeting on March 16, 2022, having been legally noticed on March 11, 2022. The meeting was held virtually at the following link: https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 4:01 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Mari Rodin, Josefina Dueňas, and Jim O. Brown. Councilmembers Absent by Prearrangement: Douglas, F. Crane. Staff Present: Sage Sangiacomo, City Manager and Kristine Lawler, City Clerk. MAYOR BROWN PRESIDING. The Pledge of Allegiance was led by Mayor Brown. 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No Public Comment was received. 3. UNFINISHED BUSINESS 4. NEW BUSINESS a. Mid-Year Departmental Budget and Objectives Progress Review for Fiscal Year 2021-22 and Review of Draft Objectives for Fiscal Year 2022-23. Presenter: Dan Buffalo, Finance Director. DEPARTMENT REPORTS: City Manager’s Office: Overview – Sage Sangiacomo, City Manager (4:11 p.m.) City-wide Admin – Sage Sangiacomo, City Manager (4:19 p.m.) Community Outreach – Shannon Riley, Deputy City Manager (4:22 p.m.) City Clerk – Kristine Lawler, City Clerk (4:23 p.m.) Economic Development – Shannon Riley, Deputy City Manager (4:25 p.m.) Emergency Management –Tami Bartolomei, Emergency Management Coordinator (4:29 p.m.) Successor Agency – Sage Sangiacomo, City Manager and Dan Buffalo, Finance Director (4:35 p.m.) City Attorney’s Office – Sage Sangiacomo, City Manager (4:38 p.m.) Community Development: Overview – Craig Schlatter, Community Development Director (4:39 p.m.) Housing Services – Craig Schlatter, Community Development Director (4:41 p.m.) Building Services – Matt Keizer, Building Official (4:45 p.m.) Planning Services – Mireya Turner, Planning Manager (4:55 p.m.) Grants Management – Jim Robbins (4:59 p.m.) Page 14 of 281 City Council Minutes for March 16, 2022, Special Meeting Continued: Electric Utility: Electric Administration – Cindy Sauers, Electric Utility Director (5:03 p.m.) Electric Distribution – Cindy Sauers, Electric Utility Director (5:07 p.m.) Electric Technical Services – Cindy Sauers, Electric Utility Director (5:18 p.m.) Airport – Greg Owen, Airport Manager (5:27 p.m.) 5. ADJOURNMENT There being no further business, the meeting adjourned at 5:33 p.m. ________________________________ Kristine Lawler, CMC/City Clerk Page 15 of 281 AGENDA ITEM 5b Page 1 of 6 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting Virtual Meeting Link: https://zoom.us/j/97199426600 Ukiah, CA 95482 March 16, 2022 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on March 16, 2022, having been legally noticed on March 11, 2022. The meeting was held virtually at the following link: https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 6:00 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Mari Rodin, Josefina Dueňas, and Jim O. Brown. Councilmembers Absent by Prearrangement: Douglas, F. Crane. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. MAYOR BROWN PRESIDING. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was conducted during the Special Meeting held at 4:00 p.m. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Approval of the Minutes for the March 2, 2022, Regular Meeting. Motion/Second: Orozco/Rodin to approve Minutes of March 2, 2022, a regular meeting, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Report of Disbursements for the Month of February 2022 – Finance. b. Adoption of Resolution (2022-15) of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID- 19 Pandemic – City Attorney’s Office. c. Authorize the City Manager to Negotiate and Enter into a Contract (COU No. 2122-208) with Ren Alexander Design for Consulting Services to Assist the Electric Utility Department with the Architectural Services and Plans for the Interior of the Electric Service Center for an Amount not to Exceed $75,000 – Electric Utility. d. Approve the Purchase (PO No. 47783 – Bendix King; PO No. 47784 – Motorola Pagers) of Radio and Pagers in the Amount of $225,276.40 through Leavitt Communications, Approve the Purchase (PO No. 47785 – David Clark Headsets) of Headsets in the Amount of $10,760.53 through The Radio Guys, and Approve Corresponding Budget Amendments – Fire. Page 16 of 281 City Council Minutes for March 16, 2022, Continued: Page 2 of 6 e. Consideration of Adoption of Resolution (2022-16) to Remove Approximately 816 Lineal Feet of On-Street Parking on Hamilton Street, from the Intersection of Hospital Drive to the Intersection of Clara Avenue – Public Works. f. Award Purchase Order (PO No. 47794) to Replace Three (3) HVAC Units at the Waste Water Treatment Plant to Intercounty Mechanical & Electrical, Inc. of Ukiah for the Amount of $41,926.38 – Water Resources. g. Possible Adoption of the Organic Waste Disposal Reduction Ordinance – Public Works. ORDINANCE NO. 1221 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING CHAPTER 4.1 TO DIVISION 5 OF THE UKIAH CITY CODE TO REGULATE AND ENFORCE REDUCTION OF ORGANIC WASTE DISPOSAL h. Award the Purchase (PO No. 47781) of One (1) New Altec Model AT37G Articulating Telescopic Aerial Device with an Insulated Boom to Altec Industries, Inc., for the Electric Utility Department in the Amount of $220,703.95, and Approve Corresponding Budget Amendment – Electric Utility. i. Approve the Purchase (PO No. 47814) of SCADA Equipment and Services to JM Integration in the Amount of $240,579.24, and SCADA Software Subscription to E&M Electric in the Amount of $98,447.72 – Water Resources. j. Report of the Emergency Purchase (PO No. 47705) for the Diagnosis and Repair of a Leak at a Pressure Zone 1 South Tank, and Approve Corresponding Budget Amendment in the Amount of $329,932, Using Water Reserve Funds – Water Resources. k. Approve a Three-Year Contract (COU No. 2122-209) with Tyler Technologies for Vendor Cloud Hosting Services of the Enterprise Resource Planning (ERP) Financial Software Servers in the Amount of $494,670, and Approve a Corresponding Budget Amendment – Information Technology. l. Approve the Purchase (PO No. 47796) of Three Cluster Servers, One Virtual Machine Management Server, One Compellent Storage Array and Two Dell Network Switches to [RE] DESIGN in the Amount of $125,129; Additionally, Approve the Replacement (PO No. 47797) of the APC-Schneider Electric System Power Components to Schneider Electric IT Corporation in the Amount of $39,363, for a Total Project Cost of $164,492, and Approve Corresponding Budget Amendment – Information Technology. m. Consideration and Possible Approval of Purchase (PO No. 47777) of One (1) Remote Controlled 44” Rotary Mower from Owen Equipment in the Amount of $43,661.33 with Tax, and Approval of Corresponding Budget Amendments – Public Works. Motion/Second: Orozco/Rodin to approve Consent Calendar Items 7a-7m, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No public comment was received. 9. COUNCIL REPORTS Presenters: Councilmembers Orozco and Rodin. Page 17 of 281 City Council Minutes for March 16, 2022, Continued: Page 3 of 6 10. CITY MANAGER/CITY CLERK REPORTS Presenters:  PZ1 Emergency Water Tank Repair Update – Sean White, Water Resources Director.  Update on Mask Policy and Hybrid Meetings – Sage Sangiacomo, City Manager Council Consensus to support a hybrid model meeting (meaning meetings are held both virtually and in-person). 11. PUBLIC HEARINGS (6:15 PM) a. Consideration of the Following Actions Related to the Upper City View Trail Project: 1) Approval of a Resolution to Adopt an Initial Study and Mitigated Negative Declaration; and 2) Approval of Construction of the Trail, and Authorization for the City Manager or His Designee to Negotiate a Start Date and Construction Schedule with the Ukiah Valley Trail Group. Presenters: Michelle Irace, Planning Manager; Neil Davis, Community Services Director; and Craig Schlatter, Community Development Director. PUBLIC HEARING OPENED AT 6:41 P.M. No public comment was received. PUBLIC HEARING CLOSED AT 6:43 P.M. Motion/Second: Rodin/Orozco to approve the Resolution (2022-17) to adopt the Initial Study and Mitigated Negative Declaration for the Upper City View Trail Project, approve construction of the trail, and authorize the City Manager or designee to negotiate a start date and construction schedule with the Ukiah Valley Trail Group. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None. b. Conduct Protest Hearing about Residential Garbage Curbside Collection Rates. Presenter: Dan Buffalo, Finance Director. Ukiah Waste Solutions Comment: Bruce McCracken. PUBLIC HEARING OPENED AT 7:07 P.M. Public Comment: Steve Scalmanini and Susan Sher. PUBLIC HEARING CLOSED AT 7:20 P.M. Motion/Second: Rodin/Orozco to conclude the protest hearing, to acknowledge that the threshold was not met to protest the proposed garbage rates, and to accept the new rates as proposed, which would go into effect on April 1, 2022. Motion carried by the following roll call votes: AYES: Orozco, Rodin, and Brown. NOES: Dueňas. ABSENT: Crane. ABSTAIN: None. 12. UNFINISHED BUSINESS a. Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus (COVID-19) Emergency Including Operational Preparedness and Response; Continuity of City Operations and Services; Community and Business Impacts; and Any Other Related Matters. Presenter: Tami Bartolomei, Office of Emergency Services Coordinator. Page 18 of 281 City Council Minutes for March 16, 2022, Continued: Page 4 of 6 Report was received. b. Possible Introduction, by Title Only, of the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal. Presenters: Jesse Davis, Planning Manager and Darcy Vaughn, Assistant City Attorney. Motion/Second: Rodin/Orozco to introduce the Ordinance by title only. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None. City Clerk, Kristine Lawler, read the following title into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 8 OF CHAPTER 2, DIVISION 2 OF THE UKIAH CITY CODE TO REGULATE SHOPPING CART CONTAINMENT, RETRIEVAL, IMPOUNDMENT, AND DISPOSAL Motion/Second: Rodin/Orozco to introduce the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None. 13. NEW BUSINESS a. Authorize the City Manager to Execute the Ukiah Airport Runway Extension Study Agreement, to be Performed by Mead and Hunt for the Amount of $36,500. Presenter: Greg Owen, Airport Manager. Motion/Second: Rodin/Orozco to authorize the City Manager to Execute the Ukiah Airport Runway Extension Study Agreement (COU No. 2122-210), to be performed by Mead and Hunt for the amount of $36,500. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None. b. Possible Introduction, by Title Only, of an Ordinance Adding Article 6 to Chapter 1, Division 3 of Ukiah City Code for the Adoption of the California Model Water Efficient Landscape Ordinance. Presenters: Matt Keizer, Building Official and Darcy Vaughn, Assistant City Attorney. Motion/Second: Rodin/Orozco to introduce the Ordinance by title only. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None. City Clerk, Kristine Lawler, read the following title into the record: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 6 TO CHAPTER 1, DIVISION 3 TO ADOPT THE CALIFORNIA MODEL WATER EFFICIENT LANDSCAPE ORDINANCE Motion/Second: Rodin/Orozco to introduce the Ordinance adopting the California Model Water Efficient Landscape. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None. Page 19 of 281 City Council Minutes for March 16, 2022, Continued: Page 5 of 6 c. Possible Introduction, by Title Only, of an Ordinance Adding Chapter 3 to Division 3 of Ukiah City Code Setting Forth Procedures for Expediting Permit Processing for Electric Vehicle Charging Systems. Presenters: Matt Keizer, Building Official and Darcy Vaughn, Assistant City Attorney. Motion/Second: Rodin/Orozco to introduce the Ordinance by title only. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None. City Clerk, Kristine Lawler, read the following title into the record: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH SETTING FORTH PROCEDURES FOR EXPEDITING PERMIT PROCESSING FOR ELECTRIC VEHICLE CHARGING SYSTEMS Motion/Second: Rodin/Orozco to introduce the Ordinance setting forth procedures for expediting permit processing for electric vehicle charging systems. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None. d. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s). Presenters: Sage Sangiacomo, City Manager and Craig Schlatter, Community Development Director. Motion/Second: Rodin/Orozco to disband the Housing Implementation Ad Hoc and Councilmembers Rodin and Orozco to serve on new Housing Policy Ad Hoc. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None. THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:10 P.M. RECESS: 8:10 – 8:25 P.M. 14. CLOSED SESSION a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3)) Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1) b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)or(3)) Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 potential case, involving possible termination of construction contract for cause) c. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(1)) Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-20-74612 Page 20 of 281 City Council Minutes for March 16, 2022, Continued: Page 6 of 6 e. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1)) Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036 f. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1)) Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603 g. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Gerardo Magdaleno, by and through his Guardian Ad Litem, Pedro Francisco Magdaleno v. City of Ukiah, Justin Wyatt (Fed. Dist. Ct. N.D. Cal.) 3:21-2609 VC. h. Conference with Real Property Negotiators (Cal. Gov’t Code Section 54956.8) Property: APN Nos: 157-050-03, 157-060-02, 157-050-04, 157-050-03, 157-030-02, 157-050- 01, 157-050-02, 157-050-10, 157-050-09, 157- 070-01, 157-070-02, 003-190-01 Negotiator: Sage Sangiacomo, City Manager; Negotiating Parties: Dave Hull and Ric Piffero Under Negotiation: Price & Terms of Payment i. Conference with Labor Negotiator (54957.6) Agency Representative: Sage Sangiacomo, City Manager Employee Organizations: All Bargaining Units THE CITY COUNCIL RECONVENED IN OPEN SESSION AT 9:49 P.M. In respect to Agenda Item 14e regarding the Palace Hotel receivership, City Attorney Rapport reported that the City Council took the following action during Closed Session: Motion/Second: Rodin/Dueňas to authorize the City Manager to finalize and sign the Settlement Agreement (COU No. 2122-211) and the Stipulation to Discharge Receivership and Proposed Order; and to authorize the City Manager to make any last minute non-substantive corrections without further City Council approval. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None. 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:51 p.m. ________________________________ Kristine Lawler, CMC/City Clerk Page 21 of 281 AGENDA ITEM 5c Page 1 of 1 CITY OF UKIAH CITY COUNCIL MINUTES Special Meeting Virtual Meeting Link: https://zoom.us/j/97199426600 Ukiah, CA 95482 March 30, 2022 5:15 p.m. 1. ROLL CALL AND PLEDGE OF ALLEGIANCE Ukiah City Council met at a Special Meeting on March 30, 2022, having been legally noticed on March 29, 2022. The meeting was held virtually at the following link: https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 5:20 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Douglas, F. Crane, Mari Rodin, Josefina Dueňas, and Jim O. Brown. Staff Present: Shannon Riley, Deputy City Manager; and Kristine Lawler, City Clerk. MAYOR BROWN PRESIDING. The Pledge of Allegiance was led by Mayor Brown. 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No public comment was received. 3. NEW BUSINESS a. Consideration and Adoption of Resolutions in Support of Grant Funding Application. Presenters: Sean White, Water Resources Director and Dan Buffalo, Finance Director. Public Comment: Motion/Second: Crane/Rodin to adopt resolutions (2022-18 and 2022-19) in support of a grant application with the State Water Resources Control Board and authorize the City Manager or designee to sign all related application documents, and approve the corresponding budget amendment if the grant is awarded. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 4. ADJOURNMENT There being no further business, the meeting adjourned at 5:26 p.m. ________________________________ Kristine Lawler, City Clerk/CMC Page 22 of 281 Page 1 of 3 Agenda Item No: 7.a. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1498 AGENDA SUMMARY REPORT SUBJECT: Possible Adoption of the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal. DEPARTMENT: Community Development PREPARED BY: Darcy Vaughn, Assistant City Attorney, Jesse Davis, Planning Manager PRESENTER: Jesse Davis, Planning Manager and Darcy Vaughn, Assistant City Attorney ATTACHMENTS: 1. Ordinance Summary: The City Council will consider adopting the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal. Background: Within the City of Ukiah, there are 23 identified entities that utilize shopping carts as a component of their business, and that are subject to the City’s Shopping Cart regulations. The associated shopping cart regulations became effective May 4, 2018. As of January 1, 2019, 14 businesses (70%) were in compliance with shopping cart plan requirements. The remaining businesses were referred to the City Attorney's Office for code enforcement or associated legal proceedings. In general, the Ordinance appeared initially effective in reducing the number of abandoned carts during the first year of implementation (2019), and notably reduced cart retrieval pressures on the Ukiah Police Department (UPD). Enforcement and administrative responsibilities, however, increased for the Community Development Department (CDD), Public Works Department (PWD), and City Attorney's Office. As of September 21, 2021, only 7 businesses were fully compliant with the City of Ukiah’s Shopping Cart Policy. As additional shopping cart purveyors were identified, the compliance rate dropped to 30%. Staff had also seen an uptick in the number of carts stored by PWD, indicating that cart retrieval and abandonment was again becoming an issue. Based on current records, it is difficult to determine the pace at which abandoned carts were accumulating, but the total stored by Public Works increased to 143 abandoned carts as of July 21, 2021. During development of the original Ordinance, it was believed that the required biennial renewal process would be relatively straightforward and involve little effort by Staff or the affected businesses. In 2020, Staff approached renewal efforts from this standpoint, sending courtesy letters to each business and making at least one follow-up call to each business that had not yet renewed their plan. While Staff received responses from the majority of businesses, these renewal efforts required substantial time by CDD Staff and the City Attorney's Office. Given the current number of abandoned shopping carts accumulated at that time, it was unclear if these renewal efforts were effective. While there are reasons specific to each business, a review of past correspondence indicates the difficulty of implementing store-specific policies due to regional or national brand requirements, lack of managerial authority to implement policy changes, and turnover in staff. Recent efforts to engage businesses to address abandoned carts or ineffective plans have been summarily ignored. Upon receiving the required annual update at their regular meeting on October 6, 2021, the City Council Page 23 of 281 Page 2 of 3 directed Staff to return with a revised ordinance to improve the efficiency and effectiveness of the shopping cart containment program. At their March 16, 2022 regular meeting, the City Council voted unanimously to introduce the Ordinance by title only. Discussion: While multiple City Departments are engaged in efforts to address abandoned shopping carts, ambiguity related to compliance, enforcement, and penalties has made it difficult to establish an effective and coordinated effort to achieve the primary goal of the policy, which is to limit the number of shopping carts removed from storefronts and public spaces. Many of the provisions of the 2018 ordinance were based upon input from the business community and expected intergovernmental programming between the City and the County. Unfortunately, shared policies were never adopted, thereby increasing the City's administrative burden and allowing for a lack of coordinated enforcement of cart purveyors within the Ukiah Valley. Much like pollution or traffic, abandoned shopping carts do not recognize municipal boundaries or jurisdictions. Since 2018, staff has observed the following with regard to abandoned shopping carts: • Collecting and storing carts within the City of Ukiah Corporation Yard (adjacent to the Ukiah Municipal Airport) has created significant operational burdens for Public Works staff. It has also exacerbated the administrative burden on Community Development staff, who are tasked with reviewing, approving and renewing cart retention programs for shopping cart purveyors, but with few responses or engagement on the topic. • In general, the necessity of tagging carts with the date of collection and organizing them within the Corporation Yard for efficient return has proven to be unworkable, as carts are collected in miscellaneous groups which would require additional sorting and inventory management for which no staff are tasked or identified. • Prior to the COVID-19 pandemic (COVID), the retrieval of abandoned carts by businesses was sporadic and infrequent. For many, it is logistically infeasible to collect carts since businesses have neither the personnel nor equipment to collect and transport abandoned carts back to their source. Even for the retailers that did collect carts, which was uncommon, their returned carts were often destroyed due to the cost of cleaning or repair. (Notably, the installation of a perimeter lock system increases the cost of individual cart repair.) • During COVID, the rate of retrieval by retailers dropped precipitously. Whether this was due to staffing constraints, corporate policy, or cleaning requirements, the number of abandoned carts accumulating within the Corporation Yard was exacerbated and complicated by the pandemic. • Increasingly, the enforcement of the existing abandoned shopping cart ordinance has created an undue burden on City resources, including both personnel costs and physical space for the storage of impounded carts that are seldom reclaimed by businesses, or that require substantial non- compensated scheduling to arrange for pickup. While the 2018 shopping cart ordinance was crafted with a great deal of deference to the business community, its effectiveness has waned, especially during the pandemic. The proposed revisions to the ordinance (Attachment 3) recognize the current reality and seek to lower the administrative burden on staff and increase the ability to remove abandoned carts from our community spaces by: • Allowing City staff to collect and immediately dispose of abandoned carts found on public property. Carts retrieved by City Staff can be taken directly to the dump for recycling and disposal along with other waste or debris. This eliminates the problems associated with the need to tag, store, and crush carts. It also ensures that the number of accumulated carts cannot grow to an unmanageable level within the Corporation Yard. A similar policy was codified recently by the City of Eureka. Notably, the County of Mendocino Code Enforcement Division maintains a comparable approach to abandoned cart disposal. Page 24 of 281 Page 3 of 3 • Eliminating the need for retailers to develop retention plans that require review and approval by the City, but for which no fee or staff reimbursement has been identified. Instead, the revised ordinance would rely heavily on the monetary disincentive of fees and fines, which the City can set at a later date. In Staff's opinion, these changes will streamline the City’s ability to remove abandoned carts from public areas and place the burden of paying for this service on the source agents where the carts originate. The City will no longer be in the position of policing retailers' cart retention efforts, tagging and storing carts, sending notices and coordinating retrievals and will instead spend our limited staffing directly addressing the blight of abandoned carts in the most efficient way possible. The current version of the Ordinance reflects a wide array of City Staff and Council input. The Ordinance, attached here as Attachment 1, is now ready for consideration for adoption and will go into effect 30 days after adoption. Recommended Action: Adopt the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Public Works Department; City Attorney Page 25 of 281 1  ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 8 OF CHAPTER 2, DIVISION 2 OF THE UKIAH CITY CODE TO REGULATE SHOPPING CART CONTAINMENT, RETRIEVAL, IMPOUNDMENT, AND DISPOSAL. The City Council of the City of Ukiah ordains as follows: SECTION ONE. FINDINGS AND DECLARATION OF INTENT: The City Council of the City of Ukiah hereby finds and declares as follows: 1.Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City. 2.The accumulation of wrecked, dismantled and abandoned shopping carts on public and private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City. 3.The intent of this Ordinance is to ensure that measures are taken by businesses that own and use shopping carts to prevent the removal of shopping carts from store premises. 4.This Ordinance is based in part on California Business and Professions Code section 22435 and following. SECTION TWO. Article 8, entitled “Shopping Cart Containment and Retrieval” is added to Chapter 2, Division 2 of the Ukiah City Code and shall read as follows. ARTICLE 8. SHOPPING CART CONTAINMENT AND RETRIEVAL Sections: 2380 Applicability. 2381 Definitions. 2382 Prohibitions. 2383 Shopping cart identification signs. 2384 Shopping cart plan. 2385 Enforcement. §2380 Applicability. This Article applies to: A. Each business owner in the City that provides shopping carts for customer use on the business premises; and B. Any person who removes or who is in possession of or who has abandoned an off-site shopping cart. §2381 Definitions. ATTACHMENT 1 Page 26 of 281 2    Administrator means the Director of Planning and Community Development or his or her designee. Business owner or owner means one or more persons or any legal entity, such as, but not limited to, a corporation, limited liability company, partnership or association that owns a business that provides shopping carts for customer use on the premises. Off-site shopping cart means a shopping cart that has been removed from the premises where it belongs in violation of the requirements of this Article. Premises means the entire area owned or under the control of a business owner, including the parking area and for businesses in a shopping center or other development where common areas serve more than one business, the common area shared by the business with other businesses in the development. Shopping cart or cart means a basket or a similar device which is mounted on wheels and is generally owned and used as part of a retail establishment and used by a customer for transporting goods. §2382 Prohibitions. A. Prohibitions Applicable to Business Owners. It is unlawful and a violation of this Article for a business owner to: 1. Fail to affix an identifying sign to each shopping cart; 2. Fail to retrieve shopping carts within three (3) business days of notice from the Administrator, the Director of Public Works, or their designee; 3. Allow or authorize a shopping cart to be removed from the premises, except to allow for shopping carts to be serviced or repaired by a qualified and licensed company off-site. 4. Fail to retrieve all shopping carts on the Premises daily to ensure the carts are secured from public access after close of business hours. B. Other Prohibitions. It is unlawful and a violation of this Article for a person to: 1. Remove a shopping cart from the premises where it belongs; or 2. Possess an off-site shopping cart; or 3. Abandon an off-site shopping cart; or 4. Alter, convert, or tamper with a shopping cart, or remove any part or portion thereof or remove, obliterate or alter an identifying sign or serial numbers on a shopping cart. §2383 Shopping cart identification signs. Each business that furnishes carts for use shall have a sign permanently affixed to each cart in a prominent location. Page 27 of 281 3    The sign shall include all of the following information: A. The identity of the owner of the cart or the business, or both; B. The valid address or phone number of the business for returning the cart to the owner or business; C. Notice to the public that the unauthorized removal of the cart from the premises or the unauthorized possession of the cart is a violation of state law and of the Ukiah City Code; and D. Notice to the public that there shall be no authorized removal of the cart from the premises. §2384 City retrieval of carts. A. The City may retrieve an abandoned or derelict cart from public property (or private property with the consent of the property owner) in the following circumstances: 1. Where the location of the shopping cart will impede emergency services. 2. When the City or its agent has determined the cart appears to be obviously abandoned, derelict, or possessed by a person other than the owner of the cart while offsite. B. Fees to recover costs of cart retrieval may be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. §2385 Immediate impound by City of abandoned or derelict carts. Notwithstanding any other provision of this Code, the City may immediately impound and dispose of all carts determined by the City to be abandoned or derelict and located off-site. Fees to recover costs of cart impoundment and disposal may be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. §2386 Property in abandoned or derelict carts. A. Any personal property found in a cart must be retained by the City or its agent for twenty- four (24) hours in order to determine if it is abandoned property. Trash or waste must be discarded as appropriate or required by law. B. Once a determination is made by the City or its agent, abandoned property found in a cart is subject to the property procedures set forth in Policy 802 of the Ukiah Police Department Policy Manual, as the same maybe amended from time to time. §2387 Enforcement. A. Retrieval. Whenever the Administrator, the Director of Public Works, or their designee notifies a business owner of an off-site cart, either verbally or in writing, the owner shall retrieve the cart within three (3) business days or be found in violation of this Article and subject to the enforcement procedures found in Subsection C of this Section. Page 28 of 281 4    B. Violations. The following will be subject to any enforcement procedures permitted by law, as set forth in Subsection C of this Section: 1. An owner who violates this Article; 2. A person who removes or possesses or abandons a shopping cart off-site; 3. A person who alters, converts, or tampers with a shopping cart; or 4. An owner of real property who allows off-site carts to remain on his, her or its real property. C. The enforcement procedures permitted by law for violations of this Article include: 1. Prosecution as a misdemeanor under the authority of California Business and Professions Code sections 22435.2 or 22435.3 or Section 6098 of this Code. 2. Imposition of a fine not exceeding (1) one thousand dollars ($1000.00) for a first violation, (2) two thousand dollars ($2000.00) for a second violation within the same year, and (3) ten thousand dollars ($10,000.00) for each additional violation within the same year. 3. Procedures for abatement of a nuisance under Ukiah City Code Sections 3452.K and 3402.A, the civil and criminal penalties in Ukiah City Code Section 3424, and any other applicable administrative penalties contained in the Ukiah City Code. 4. Civil action for enforcement, including to abate a public nuisance by injunction, the City Council declaring that a violation of this Article constitutes a public nuisance. 5. Failure to pay a fine imposed pursuant to this Subsection within thirty (30) days may result in proceedings for revocation of a business license or site development permit, if applicable. These enforcement procedures and penalties are cumulative with each other and any other remedy available at law or in equity, and are not mutually exclusive. Any one or more of them may apply and be used or charged in response to a single violation of this Article. SECTION THREE. 1. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more Page 29 of 281 5    other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on March 16, 2022, by the following roll call vote: AYES: Councilmembers Orozco, Rodin, Dueñas, and Mayor Brown NOES: None ABSENT: Councilmember Crane ABSTAIN: None Adopted on ___________, 2022 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________ Jim O. Brown, Mayor ATTEST: __________________ Kristine Lawler, City Clerk Page 30 of 281 Page 1 of 2 Agenda Item No: 7.b. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1500 AGENDA SUMMARY REPORT SUBJECT: Possible Adoption of an Ordinance Adding Article 6 to Chapter 1, Division 3 of Ukiah City Code for the Adoption of the California Model Water Efficient Landscape Ordinance. DEPARTMENT: Community Development PREPARED BY: Matt Keizer, Building Official, Darcy Vaughn, Assistant City Attorney PRESENTER: Matt Keizer, Building Official, Darcy Vaughn, Assistant City Attorney ATTACHMENTS: 1. Ordinance Summary: Council will consider adopting an ordinance adopting the California Model Water Efficient Landscape Ordinance. Background: Staff is bringing this item forward to secure compliance with the State of California’s Model Water Efficient Landscape Ordinance (MWELO). The MWELO is a state regulation, enacted in 1993 as part of the 1990 Water Conservation and Landscaping Act that is designed to prevent water from being wasted on landscape irrigation, as nearly half of the water directed to urban areas is used on irrigated landscapes. Additional information about MWELO, including a link to the Model Ordinance under MWELO References titled "2015 Updated Chapter 2.7: Model Water Efficient Landscape Ordinance," can be found on the following website: https://water.ca.gov/Programs/Water-Use-And-Efficiency/Urban-Water-Use-Efficiency/Model-Water-Efficient- Landscape-Ordinance. The MWELO is also referenced by Title 24, Part 11 of CalGreen Building Code. Applying to residential, commercial, industrial, and institutional projects requiring a permit, plan check, or design review, MWELO directs Land Use Authorities (cities and counties) to ensure MWELO compliance on development projects with landscaped areas of 500 square feet or more or rehabilitation of existing landscape areas greater than 2,500 square feet. California Assembly Bill 1881 (AB 1881), enacted into law on September 28, 2008, modified and strengthened MWELO for local agencies to adopt and use for the purpose of reducing water waste associated with irrigation of outdoor landscaping. AB 1881 required the State Department of Water Resources to provide guidelines for cities and counties to adopt the MWELO or more stringent local landscape irrigation ordinances in 2010. Governor Brown's Drought Executive Order of April 1, 2015 (EO B-29-15) mandated the Department of Water Resources prepare an update to the state's MWELO, which the California Water Commission adopted on July 15, 2015. At their March 16, 2022 regular meeting, the City Council voted unanimously to introduce by title only an ordinance adopting the MWELO. Discussion: Although Staff has implemented MWELO requirements since the codification of MWELO in Title 24, part 11 of CalGreen Building Standards, full compliance with MWELO requires the City adopt a local WELO. The City has not previously adopted such an ordinance. Once the MWELO is adopted, full compliance also requires the City submit annual reports to the Department of Water Resources (DWR) regarding MWELO implementation updates. Staff intends to immediately submit annual reports to DWR if the Ordinance is adopted by Council. Page 31 of 281 Page 2 of 2 Staff recommends Council adopt the Ordinance in Attachment 1, which would add Article 6 to Chapter 1, Division 3 of Ukiah City Code. Once adopted, the City will be in compliance with MWELO state regulations. The current version of the Ordinance reflects a wide array of City Staff and Council input. The Ordinance is now ready for consideration for adoption and will go into effect 30 days after adoption. Recommended Action: Adopt an ordinance adopting the California Model Water Efficient Landscape Ordinance. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Craig Schlatter, Community Development Director Page 32 of 281 Page 1 of 2 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 6 TO CHAPTER 1, DIVISION 3 TO ADOPT THE CALIFORNIA MODEL WATER EFFICIENT LANDSCAPE ORDINANCE. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS 1.California’s ongoing drought has emphasized the necessity for increased conservation in use of water. 2.California Assembly Bill 1881 (AB 1881), enacted into law on September 28, 2008, modified and strengthened a model water efficient landscape ordinance (“MWELO”) for local agencies to adopt and use for the purpose of reducing water waste associated with irrigation of outdoor landscaping. 3.AB 1881 required the State Department of Water Resources (“Department”) to provide guidelines for cities and counties to adopt the MWELO or more stringent local landscape irrigation ordinances in 2010. 4.The City implemented the MWELO by default and did not expressly adopt it in 2010. 5.Governor Brown’s Drought Executive Order of April 1, 2015 (EO B-29-15), mandated the Department prepare an update to the state’s MWELO, which the California Water Commission adopted on July 15, 2015. 6.All cities and counties are required to either adopt the updated MWELO or adopt their own water efficient landscape ordinance which is at least as stringent and effective in conserving water as the MWELO. 7.The City has determined adopting the updated MWELO, as may be amended, will benefit the City and provide clarity to applicants for City entitlements SECTION TWO. Article 6 is hereby added to Division 3, Chapter 1, of the Ukiah City Code and shall read as follows: ARTICLE 6 MODEL WATER EFFICIENT LANDSCAPE ORDINANCE ADOPTION §3065 ADOPTION OF MODEL WATER EFFICIENT LANDSCAPE ORDINANCE Except as amended or modified by other provisions of this Division, the City Council hereby adopts by reference and makes effective within the City, the Model Water Efficient Landscape Ordinance, ATTACHMENT 1 Page 33 of 281      Page 2 of 2 Sections 490-495, Chapter 2.7, Division 2, Title 23 in the California Code of Regulations, which may be referred to in this Code as the MWELO, as promulgated by the California Department of Water Resources, as may be amended from time to time. SECTION THREE. 1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption. 2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption. Introduced by title only on March 16, 2022, by the following roll call vote: AYES: Councilmembers Orozco, Rodin, Dueñas, and Mayor Brown NOES: None ABSENT: Councilmember Crane ABSTAIN: None Adopted on _______, 2022, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Jim O. Brown, Mayor ATTEST: Kristine Lawler, CMC/City Clerk Page 34 of 281 Page 1 of 2 Agenda Item No: 7.c. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1502 AGENDA SUMMARY REPORT SUBJECT: Possible Adoption of an Ordinance Adding Chapter 3 to Division 3 of Ukiah City Code Setting Forth Procedures for Expediting Permit Processing for Electric Vehicle Charging Systems. DEPARTMENT: Community Development PREPARED BY: Matt Keizer, Building Official, Darcy Vaughn, Assistant City Attorney PRESENTER: Matt Keizer, Building Official; Darcy Vaughn, Assistant City Attorney ATTACHMENTS: 1. EV Submittal Checklist 2. Electric Vehicle Charging System Permit Ordinance Summary: Council will consider adopting an ordinance setting forth procedures for expediting permit processing for electric vehicle charging systems. Background: In 2015, the State of California adopted Assembly Bill 1236 (2015, Chiu, Codified as Government Code Section 65850.7), which requires local jurisdictions with a population less than 200,000 residents to adopt an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations on or before September 30, 2017. AB 1236 amended Government Code Section 65850.7 to require jurisdictions with a population less than 200,000 residents to establish procedures for expedited, streamlined processes for permitting of electric vehicle charging stations. The amendments to Section 65850.7 include the requirement for a jurisdiction to adopt an ordinance for the expedited, streamlined process on or before September 30, 2017. The ordinance is to include the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review. This process includes the establishment of a checklist containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City’s Zoning Ordinance. Government Code Section 65850.7 requires that a city's checklist may be based on the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero- Emission Vehicles in California: Community Readiness Guidebook” of the Governor’s Office of Planning and Research. AB 1236 also clarifies that a jurisdiction shall not condition approval of a permit for an electric vehicle charging station based on the approval of an association as defined in California Civil Code, Section 4080. Page 35 of 281 Page 2 of 2 At their March 16, 2022 regular meeting, the City Council voted unanimously to introduce by title only an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations. Discussion: The Building Division of the Community Development Department has been implementing the requirements of AB 1236 since it went into effect in 2015, including the development and use of an objective checklist (Attachment 1). However, the Ordinance and its requirements were never adopted by the City. Staff recommends that Council adopt the proposed Ordinance in Attachment 2 adding Chapter 3 to Division 3 of Ukiah City Code setting forth procedures for expediting permit processing for electric vehicle charging systems. The current version of the Ordinance reflects a wide array of City Staff and Council input. The Ordinance is now ready for consideration for adoption and will go into effect 30 days after adoption. Recommended Action: Adopt an Ordinance setting forth procedures for expediting permit processing for electric vehicle charging systems. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Craig Schlatter, Community Development Director Page 36 of 281                         ELECTRIC VEHICLES SERVICE EQUIPMENT (EVSE) CHECKLIST Please complete the following information related to permitting and installation of Electric Vehicle Service Equipment  (EVSE) as a supplement to the application for a building permit.  This checklist contains the technical aspects of EVSE  installations and is intended to help expedite permitting and use for electric vehicle charging.    Upon this checklist being deemed complete, a permit shall be issued to the applicant.  However, if it is determined that  the installation might have a specific adverse impact on public health or safety, additional verification will be required  before a permit can be issued.  This checklist substantially follows the “Plug‐In Electric Vehicle Infrastructure Permitting Checklist” contained in the  Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook”  and is purposed to augment the guidebook’s checklist.  Job Address: Permit No.  ☐  Single‐Family    ☐ Multi-Family (Apartment)  ☐ Multi-Family (Condominium) ☐  Commercial (Single Business)  ☐  Commercial (Multi‐Businesses) ☐  Mixed‐Use    ☐ Public Right‐of‐Way Location and Number of EVSE to be Installed:   Garage  ______     Parking Level(s)  _____     Parking Lot  _____     Street Curb _____  Description of Work:  BUILDING DIVISION Phone: (707) 467-5786 Schedule Inspections: (707) 463-6739 Email: buildingdivision@cityofukiah.com Website: www.cityofukiah.com/building-services/ All EVSE equipment must be inspected to verify code compliance, method of installation, and site placement. Attachment 1 Page 37 of 281 Applicant Name:  Applicant Phone & email:  Contractor Name:  License Number & Type:  Contractor Phone & email:  Owner Name:  Owner Phone & email:  EVSE Charging Level:      ☐  Level 1 (120V)      ☐ Level 2 (240V)       ☐ Level 3 (480V)   Maximum Rating (Nameplate) of EV Service Equipment = ___________  kW  Voltage EVSE = ______ V  Manufacturer of EVSE: ___________________________  Mounting of EVSE: ☐  Wall Mount     ☐ Pole Pedestal Mount     ☐ Other _____________  System Voltage:  ☐  120/240V, 1ϕ, 3W     ☐ 120/208V, 3ϕ, 4W     ☐ 120/240V, 3ϕ, 4W       ☐ 277/480V, 3ϕ, 4W     ☐ Other ________________          Rating of Existing Main Electrical Service Equipment  =  __________ Amperes  Rating of Panel Supplying EVSE  (if not directly from Main Service)  =  ________ Amps  Rating of Circuit for EVSE:  __________ Amps  /  __________ Poles   AIC Rating of EVSE Circuit Breaker (if not Single Family, 400A)  =  __________ A.I.C.  (or verify with Inspector in field)  Page 38 of 281 Specify Either Connected, Calculated or Documented Demand Load of Existing Panel:   Connected Load of Existing Panel Supplying EVSE  =  __________ Amps   Calculated Load of Existing Panel Supplying EVSE  =  __________ Amps   Demand Load of Existing Panel or Service Supplying EVSE  =  _________ Amps  (Provide Demand Load Reading from Electric Utility)  Total Load (Existing plus EVSE Load)  =  __________ Amps  For Single Family Dwellings, if Existing Load is not known by any of the above methods, then the Calculated Load  may be estimated using the “Single‐Family Residential Permitting Application Example” in the Governor’s Office of  Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook”   https://www.opr.ca.gov  EVSE Rating __________ Amps  x  1.25  =  __________ Amps   =   Minimum Ampacity of EVSE Conductor  =  #   __________ AWG  For Single‐Family:  Size of Existing Service Conductors  =  # __________ AWG or kcmil  - or ‐  :  Size of Existing Feeder Conductor           Supplying EVSE Panel                     =  # __________ AWG or kcmil                                 (or Verify with Inspector in field)  I hereby acknowledge that the information presented is a true and correct representation of existing conditions at the  job site and that any causes for concern as to life‐safety verifications may require further substantiation of information.        Signature of Permit Applicant:  ____________________     Date:  _______________  Page 39 of 281 Page 1 of 3 ORDINANCE NOXX ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH SETTING FORTH PROCEDURES FOR EXPEDITING PERMIT PROCESSING FOR ELECTRIC VEHICLE CHARGING SYSTEMS The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. FINDINGS 1.The State of California and the City of Ukiah has consistently promoted and encouraged the use of fuel-efficient electric vehicles. 2.The State of California adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems. 3.Creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels.. SECTION TWO. Chapter 3 is hereby added to Division 3 of the Ukiah City Code and shall read as follows: CHAPTER 3 ELECTRIC VEHICLE CHARGING SYSTEMS §3090 PURPOSE The purpose of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Chapter is intended to comply with California Government Code Section 65850.7. §3091 DEFINITIONS A. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. B. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the permit application was deemed complete. C. “Electronic submittal” means the utilization of one or more of the following: 1. Electronic mail or email. 2. The internet. ATTACHMENT 1 Page 40 of 281      Page 2 of 3 3. Facsimile. §3092 EXPEDITED PERMITTING PROCESS Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s checklist shall be published on the City’s website. §3093 PERMIT APPLICATION PROCESSING A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking. B. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. C. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Chapter and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. §3094 TECHNICAL REVIEW A. It is the intent of this Chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this Chapter, the City may require the applicant to apply for a use permit. B. In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080. Page 41 of 281      Page 3 of 3 §3095 ELECTRIC VEHICLE CHARGING STATION INSTALLATION REQUIREMENTS A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability. B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load. D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements. SECTION THREE. 1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption. 2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption. Introduced by title only on March 16, 2022, by the following roll call vote: AYES: Councilmembers Orozco, Rodin, Dueñas, and Mayor Brown NOES: None ABSENT: Councilmember Crane ABSTAIN: None Adopted on , 2022, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Jim O. Brown, Mayor ATTEST: Kristine Lawler, CMC/City Clerk Page 42 of 281 Page 1 of 1 Agenda Item No: 7.d. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1508 AGENDA SUMMARY REPORT SUBJECT: Report of Acquisition of Professional Services from Alpha Analytical Laboratories, Inc. in the Amount of $15,463.10, for Quarterly Water Sampling and Completion of Chemical Examination Reports for the Ukiah Landfill. DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Public Works Director/City Engineer ATTACHMENTS: 1. Alpha Invoices Summary: Council will receive a report regarding the acquisition of services for quarterly water sampling and preparation of chemical examination reports for the Ukiah Landfill. Background: In accordance with the Waste Discharge Requirements issued by the North Coast Regional Water Quality Control Board (NCRWQCB), the City is mandated to complete quarterly water sampling and analysis for the Ukiah Landfill. Discussion: In compliance with Section 1522 of the City Code, this report is submitted to the City Council for the purpose of reporting the acquisition of professional consulting services costing more than $10,000. The Public Works Department requested Alpha Analytical Laboratories, Inc. to conduct quarterly water sampling and to prepare chemical examination reports for the Ukiah Landfill. Alpha Analytical completed the quarterly water sampling and produced the chemical examination reports for the amount of $15,463.10. For reference, please refer to Attachment #1, a copy of the Alpha Analytical invoices. In conjunction with these chemical examination reports, EBA Engineering analyzes the data to prepare and submit the required detection monitoring report to the NCRWQCB. Recommended Action: Receive report of acquisition of professional services from Alpha Analytical laboratories, Inc. in the amount of $15,463.10 for quarterly water sampling and completion of chemical examination reports for the Ukiah landfill. The report is submitted pursuant to City Code. BUDGET AMENDMENT REQUIRED: NO CURRENT BUDGET AMOUNT: 70024500.52100: $433,029.90 PROPOSED BUDGET AMOUNT: 70024500.52100: $15,463.10 FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: PO 47789 COORDINATED WITH: Tim Eriksen, Director of Public Works & Jason Benson, Senior Engineer Page 43 of 281 Ukiah, CA 95482 2022931-UKIAHLF 01/17/22 NET 30 Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill 300 Seminary Ave 22A2089 Attn: Bill To: Order #Receipt Date 02/09/22Date: Invoice #: PO/Reference: Project No: Terms Jason Benson Project ID:Monitoring Wells - Quarterly Monitoring Wells - Quarterly Alpha Analytical Laboratories, Inc. 5 Water $25.00 $125.00 Total Alkalinity by SM2320B [10 day] 5 Water $48.00 $240.00 Ammonia by SM4500-NH3 C [10 day] 5 Water $25.00 $125.00 Boron Dissolved by EPA 200.7 [10 day] 1 Water $44.00 $44.00 Small Bailer [10 day] 5 Water $25.00 $125.00 Bicarbonate by SM2320B [10 day] 5 Water $25.00 $125.00 Calcium Dissolved by EPA 200.7 [10 day] 5 Water $25.00 $125.00 Carbonate by SM2320B [10 day] 5 Water $30.00 $150.00 Chloride by EPA 300.0 [10 day] 5 Water $30.00 $150.00 Conductivity by SM2510B [10 day] 1 Water $195.00 $195.00 Field Technician [10 day] 1 Water $40.00 $40.00 Filters [10 day] 5 Water $30.00 $150.00 Fluoride by EPA 300.0 [10 day] 1 Water $95.00 $95.00 GeoTracker EDF File [10 day] 5 Water $5.00 $25.00 Handling & Disposal [10 day] 5 Water $25.00 $125.00 Potassium Dissolved by EPA 200.7 [10 day] 5 Water $25.00 $125.00 Magnesium Dissolved by EPA 200.7 [10 day] 1 Water $0.70 $0.70 Miles [10 day] 5 Water $25.00 $125.00 Manganese Dissolved by EPA 200.7 [10 day] 5 Water $25.00 $125.00 Sodium Dissolved by EPA 200.7 [10 day] 1 Water $160.00 $160.00 NB Volatiles by EPA 8260 [10 day] 1 Water $236.00 $236.00 NB Semivolatiles by EPA 8270 [10 day] 5 Water $100.00 $500.00 NB TPH as Diesel/Motor Oil by EPA 8015B [10 day] 5 Water $160.00 $800.00 NB TPH as Gas & VOAs by EPA 8015 & 8260B [10 day] 5 Water $125.00 $625.00 Total Nitrogen (NO2, NO3, TKN & Calc.) [10 day] 5 Water $32.00 $160.00 pH Water by SM4500-H+ B [10 day] 5 Water $30.00 $150.00 Total Dissolved Solids by SM2540C [10 day] 5 Water $30.00 $150.00 Sulfate by EPA 300.0 [10 day] Page 1 of 2 70024500.52100 3-14-22 ATTACHMENT 1 Page 44 of 281 Ukiah, CA 95482 2022931-UKIAHLF 01/17/22 NET 30 Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill 300 Seminary Ave 22A2089 Attn: Bill To: Order #Receipt Date 02/09/22Date: Invoice #: PO/Reference: Project No: Terms Jason Benson Project ID:Monitoring Wells - Quarterly Monitoring Wells - Quarterly Alpha Analytical Laboratories, Inc. 5 Water $25.00 $125.00 Turbidity by SM2130B [10 day] $5,120.70 Invoice Total: Page 2 of 2Page 45 of 281 Ukiah, CA 95482 2023173-UKIAHLF 01/18/22 NET 30 Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill 300 Seminary Ave 22A2223 Attn: Bill To: Order #Receipt Date 02/11/22Date: Invoice #: PO/Reference: Project No: Terms Jason Benson Project ID:Monitoring Wells - Quarterly Monitoring Wells - Quarterly Alpha Analytical Laboratories, Inc. 5 Water $25.00 $125.00 Total Alkalinity by SM2320B [10 day] 5 Water $48.00 $240.00 Ammonia by SM4500-NH3 C [10 day] 5 Water $25.00 $125.00 Boron Dissolved by EPA 200.7 [10 day] 1 Water $44.00 $44.00 Small Bailer [10 day] 5 Water $25.00 $125.00 Bicarbonate by SM2320B [10 day] 5 Water $25.00 $125.00 Calcium Dissolved by EPA 200.7 [10 day] 5 Water $25.00 $125.00 Carbonate by SM2320B [10 day] 5 Water $30.00 $150.00 Chloride by EPA 300.0 [10 day] 5 Water $30.00 $150.00 Conductivity by SM2510B [10 day] 1 Water $195.00 $195.00 Field Technician [10 day] 1 Water $40.00 $40.00 Filters [10 day] 5 Water $30.00 $150.00 Fluoride by EPA 300.0 [10 day] 1 Water $95.00 $95.00 GeoTracker EDF File [10 day] 5 Water $5.00 $25.00 Handling & Disposal [10 day] 5 Water $25.00 $125.00 Potassium Dissolved by EPA 200.7 [10 day] 5 Water $25.00 $125.00 Magnesium Dissolved by EPA 200.7 [10 day] 1 Water $0.70 $0.70 Miles [10 day] 5 Water $25.00 $125.00 Manganese Dissolved by EPA 200.7 [10 day] 5 Water $25.00 $125.00 Sodium Dissolved by EPA 200.7 [10 day] 1 Water $160.00 $160.00 NB Volatiles by EPA 8260 [10 day] 1 Water $236.00 $236.00 NB Semivolatiles by EPA 8270 [10 day] 5 Water $100.00 $500.00 NB TPH as Diesel/Motor Oil by EPA 8015B [10 day] 5 Water $160.00 $800.00 NB TPH as Gas & VOAs by EPA 8015 & 8260B [10 day] 5 Water $125.00 $625.00 Total Nitrogen (NO2, NO3, TKN & Calc.) [10 day] 5 Water $32.00 $160.00 pH Water by SM4500-H+ B [10 day] 5 Water $30.00 $150.00 Total Dissolved Solids by SM2540C [10 day] 5 Water $30.00 $150.00 Sulfate by EPA 300.0 [10 day] Page 1 of 2Page 46 of 281 Ukiah, CA 95482 2023173-UKIAHLF 01/18/22 NET 30 Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill 300 Seminary Ave 22A2223 Attn: Bill To: Order #Receipt Date 02/11/22Date: Invoice #: PO/Reference: Project No: Terms Jason Benson Project ID:Monitoring Wells - Quarterly Monitoring Wells - Quarterly Alpha Analytical Laboratories, Inc. 5 Water $25.00 $125.00 Turbidity by SM2130B [10 day] $5,120.70 Invoice Total: Page 2 of 2Page 47 of 281 Ukiah, CA 95482 2023174-UKIAHLF 01/19/22 NET 30 Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill 300 Seminary Ave 22A2461 Attn: Bill To: Order #Receipt Date 02/11/22Date: Invoice #: PO/Reference: Project No: Terms Jason Benson Project ID:Monitoring Wells - Quarterly Monitoring Wells - Quarterly Alpha Analytical Laboratories, Inc. 4 Water $25.00 $100.00 Total Alkalinity by SM2320B [10 day] 4 Water $48.00 $192.00 Ammonia by SM4500-NH3 C [10 day] 4 Water $25.00 $100.00 Boron Dissolved by EPA 200.7 [10 day] 1 Water $44.00 $44.00 Small Bailer [10 day] 4 Water $25.00 $100.00 Bicarbonate by SM2320B [10 day] 4 Water $25.00 $100.00 Calcium Dissolved by EPA 200.7 [10 day] 4 Water $25.00 $100.00 Carbonate by SM2320B [10 day] 4 Water $30.00 $120.00 Chloride by EPA 300.0 [10 day] 4 Water $30.00 $120.00 Conductivity by SM2510B [10 day] 1 Water $195.00 $195.00 Field Technician [10 day] 1 Water $40.00 $40.00 Filters [10 day] 4 Water $30.00 $120.00 Fluoride by EPA 300.0 [10 day] 1 Water $95.00 $95.00 GeoTracker EDF File [10 day] 4 Water $5.00 $20.00 Handling & Disposal [10 day] 4 Water $25.00 $100.00 Potassium Dissolved by EPA 200.7 [10 day] 4 Water $25.00 $100.00 Magnesium Dissolved by EPA 200.7 [10 day] 1 Water $0.70 $0.70 Miles [10 day] 4 Water $25.00 $100.00 Manganese Dissolved by EPA 200.7 [10 day] 4 Water $25.00 $100.00 Sodium Dissolved by EPA 200.7 [10 day] 1 Water $160.00 $160.00 NB Volatiles by EPA 8260 [10 day] 4 Water $100.00 $400.00 NB TPH as Diesel/Motor Oil by EPA 8015B [10 day] 4 Water $160.00 $640.00 NB TPH as Gas & VOAs by EPA 8015 & 8260B [10 day] 4 Water $125.00 $500.00 Total Nitrogen (NO2, NO3, TKN & Calc.) [10 day] 4 Water $32.00 $128.00 pH Water by SM4500-H+ B [10 day] 4 Water $30.00 $120.00 Total Dissolved Solids by SM2540C [10 day] 4 Water $30.00 $120.00 Sulfate by EPA 300.0 [10 day] 4 Water $25.00 $100.00 Turbidity by SM2130B [10 day] Page 1 of 2Page 48 of 281 $4,014.70 Invoice Total: Page 2 of 2Page 49 of 281 Page 50 of 281 Page 51 of 281 Page 1 of 2 Agenda Item No: 7.e. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1514 AGENDA SUMMARY REPORT SUBJECT: Approval of Plans and Specifications for the 2022 Slurry Seal of Local Streets and Authorize Staff to Issue Bids for Specifications No. 22-01. DEPARTMENT: Public Works PREPARED BY: Daniel Flores, Engineer Technician PRESENTER: Tim Eriksen, Public Works Director/City Engineer ATTACHMENTS: 1. Plan - 22-01 2022 Slurry Seal of Local Streets 2. Spec No 22-01 Slurry Seal of Local Streets Summary: Staff is Requesting Council's Approval of Plans and Specifications No. 22-01 for the 2022 Slurry Seal of Local Streets. Background: Per section 22039 of the Public Contracts Code, Staff is requesting Council's approval of Plans and Specifications number 22-01 for the Slurry Seal of Local Streets. The engineer's estimate, for construction contract items only, for this project is $335,957, proposed to by paid out of Measure Y funds. Please refer to Attachment 1, Plans 22-01 - 2022 Slurry Seal of Local Streets, and Attachment 2, Specification 22-01 - 2022 Slurry Seal of Local Streets. Discussion: The proposed project will rehabilitate pavement with slurry of various local Ukiah streets, as listed in the plans and specifications. Slurry seal is the application of a mixture of water, asphalt emulsion, aggregate (very small crushed rock), and additives to an existing asphalt pavement surface. Slurry seal is applied in order to help preserve and protect the underlying pavement structure and provide a new driving surface. It is typically applied to streets in relatively good condition in order to preserve them and prevent more costly reconstruction efforts, and is the most cost-effective way to extend a street's lifespan. Other Measure Y-funded projects that are scheduled for this year include the installation of a traffic signal at Gobbi and Waugh streets and the rehabilitation of South State Street and South Dora Street. Recommended Action: Approve Plans and Specifications for the 2022 Slurry Seal of Local Streets and Authorize Staff to Issue Bids for Specification No. 22-01. BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Sage Sangiacomo, City Manager; Tim Eriksen, Director of Public Works/ City Engineer Page 52 of 281 Page 2 of 2 Page 53 of 281 SLURRY SEAL OF L OCAL STREETSSPECIFICATION NUMBER 22-01 UKIAH, CALIFORNIAVARIOUS LOCATIONS WITHIN MARCH 2022 NORTH OAKSTREET SMITHSTREET EAST SMITH STREET WILLOWAVENUE MASONSTREET SOUTHBARNES SOUTHHORTENSESTREETHIGHLANDAVENUE SOUTH OAKSTREET NORTH PINESTREET PARKPLACE NORTH HOPESTREET SOUTHSPRINGSTREET NORTHHORTENSESTREET MORRISSTREET NORTHBARNESSTREET NORTH OAKSTREET HENRYSTREET GIBSONSTREET RUDDOCKAVENUE PARKCOURT SCOTTSTREET WESTSTANDLEYSTREET MYRONPLACE NORTHSPRINGSTREET ST FRANCISWAY HAZELAVENUE LIVE OAKAVENUE HAMILTONSTREET MAPLEAVENUE EASTSTANDLEYSTREET ORRSTREET DOMINICANWAY TODDROAD EVANSSTREET SIDNIESTREET DORAAVENUE CYPRESSAVENUE CYPRESSAVENUE FAIRWAYAVENUE WESTSTANDLEYSTREET M C P E A K S T R E E T NO RT H S TAT E S TREET W E S T C L A Y S T R E E T LOWGAPROAD BRUSH STREET W A L N U T A V E N U E C LA R A AV E N U E O R R STREET MAZZONI STREET SO U TH O R C H A R D AV E N U E W E S T S T A N D L E Y S T R E E T O A K P A R K A V E N U E N O R T H P I N E S T R E E T C L EV ELAND LANES O U T H O A K S T R E E T F O R D S T R E E T MAPLEAVENUE B E T T Y S T R E E T S O U T H D O R A S T R E E T W E S T M I L L S T R E E T M Y S Z K A P L A C E NORTH ORCHARD AVENUE K I N G SCOURT H A Z E L A V E N U E LIV E O A K A VE N U E NORTH O A K S T R E E T MASON STREET E A S T P E R K I N S S T R E E T N O R TH M A IN S T R E E T N O R T H S C H O O L S T R E E T T H O M P S O N S T R E E T PARKPLACE S O U T H B A R N E S S O U T H H O P E S T R E E T H I G H L A N D A V E N U E S O U T H H O R T E N S E S T R E E T N O R T H B U S H S T R E E T S O U T H B U S H S T R E E T N O R T H D O R A S T R E E T N O R T H H O R T E N S E S T R E E T N O R T H H O P E S T R E E T M A G N O L I A S T R E E T N O R T H B A R N E S S T R E E T S O U T H S C H O O L S T R E E T C L A Y P L A C E S O U T H S T AT E S T R E E T S O U T H M A I N S T R E E T N O R H T S P R I N G S T R E E T W E S T C H U R C H S T R E E T W A R R EN D R I V E PE A C H ST REET N O R TO N S T R E E T C Y P R E S S A V E N U E W E S T P E R K I N S S T R E E T H O S P I T A L D R I V E W E S T S M I T H S T R E E T PARKCOURT W E S T S T E P H E N S O N S T R E E T S C O T T S T R EET H E N R Y S T R E E T M O R R I S S T R E E T E A S T S T A N D L E Y S T R E E T S N U F F I N E A S T S M I T H S T R E E T E A S T S T E P H E N S O N S T R E E T C O T T A G E L A N E E A S T C L AY S T R E E T S O U T H S P R I N G S T R E E T G R O V E A V E N U E STELLADRI VE E L M STREET RUDDOCKAVENUE S E M I N A R Y AVENUE PARKBOULEVARD M Y R O N P LA C E STFRANCIS W A Y N O R T H S P R I N G S T R E E T M A R Y L A N E E CHO W A Y DO M I N I CANWAY J A C K S O N A V E N U E H A M I LT O N S T R E E T E A S T L I C K S T R E E T J O N E S S T R E E T T O D D R O A D SIDNIE COURTEVANS S T R E E T L E S L I E S T R E E T S I D N I E S T R E E T GIORNO AVENUE D O R A A V E N U E M Y R O N S T R E E T J O S E P H S TR E E T H O L D E N S T R E E T BRIGGS STREET PLUM DRIVE GIBSON STREET JA N I X DRIVE FAIRWAYAVENUE PA R K WEST BOULEVARD GENERAL NOTES: ALL MATERIALS, WORKMANSHIP AND CONSTRUCTION SHALL CONFORM TOTHE 2010 EDITION OF THE CALTRANS STANDARD PLANS AND SPECIFICATIONS,THESE IMPROVEMENT PLANS AND THE PROJECT SPECIAL PROVISIONS. CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETERESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF THEPROJECT, INCLUDING SAFETY OF ALL PROPERTY; THIS REQUIREMENT SHALL BEMADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKINGHOURS. CONTRACTOR SHALL CONFINE HOURS OF CONSTRUCTION OPERATION TO 7 A.M.TO 6 P.M. MONDAY THROUGH FRIDAY, UNLESS OTHERWISE APPROVED BY THEENGINEER. CONTRACTOR SHALL REFERENCE EXISTING STRIPING AND MARKINGSPRIOR TO BEGINNING WORK AND SHALL RESTRIPE TO MATCHPRE-CONSTRUCTION STRIPING. SEE TABLE 1 FOR QUANTITIES. QUANTITIES NOTED FOR SLURRY SEAL ARE BASED ON FIELD MEASUREMENTSAND ARE SHOWN IN TABLE 1. SLURRY SELECTION SCALE:CITY APPROVAL BY:DRAWN BY:NOT TO SCALE D.F.DATE:CHECKED BY:MARCH 2022 SPECIFICATION NUMBER:TI M ERI KSEN22-01 DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DRAWING NUMBER:DRAWING FILE:S:\Public Works\PROJECTS\Public Works\2022\Spe c No 22-01 Slurry Seal Local Streets C I T Y OF U K I A H SLURRY SEAL OF LOCAL STREETSCOVER SHEET J.B. 1 OF 3 Page 54 of 281 SLURRY SEAL OF L OCAL STREETSSPECIFICATION NUMBER 22-01 UKIAH, CALIFORNIAVARIOUS LOCATIONS WITHIN MARCH 2022 GENERAL NOTES: ALL MATERIALS, WORKMANSHIP AND CONSTRUCTION SHALL CONFORM TOTHE 2010 EDITION OF THE CALTRANS STANDARD PLANS AND SPECIFICATIONS,THESE IMPROVEMENT PLANS AND THE PROJECT SPECIAL PROVISIONS. CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETERESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF THEPROJECT, INCLUDING SAFETY OF ALL PROPERTY; THIS REQUIREMENT SHALL BEMADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKINGHOURS. CONTRACTOR SHALL CONFINE HOURS OF CONSTRUCTION OPERATION TO 7 A.M.TO 6 P.M. MONDAY THROUGH FRIDAY, UNLESS OTHERWISE APPROVED BY THEENGINEER. CONTRACTOR SHALL REFERENCE EXISTING STRIPING AND MARKINGSPRIOR TO BEGINNING WORK AND SHALL RESTRIPE TO MATCHPRE-CONSTRUCTION STRIPING. SEE TABLE 1 FOR QUANTITIES. QUANTITIES NOTED FOR SLURRY SEAL ARE BASED ON FIELD MEASUREMENTSAND ARE SHOWN IN TABLE 1. SLURRY SELECTION SPECIFICATION NUMBER:22-01 DRAWING NUMBER:2 OF 3 C I T Y O F U K I A H SLURRY SEAL OF LO CAL STREETSTABLES S:\Public Works\PROJECTS\Publ i c Works\2022\Spec No 22-01 Slurry Se al Local Streets TABLE 1: QUANTITIES SOLID 4" (LF) SOLID 4" (LF)SOLID 8" (LF)SOLID DOUBLE 4" (LF)BROKEN 4" (LF)CROSSWALK (LF)CROSSWALK (LF)DIRECTIONAL ARROW STOP BAR (LF) LADDER XWALK (SF) LADDER XWALK (SF)PARKING (T) WHITE YELLOW WHITE YELLOW YELLOW WHITE YELLOW WHITE WHITE WHITE YELLOW WHITEN. Barnes St.Park Blvd N. Side W. Standley St. 675 26 1,950 80 151 396 13N. Barnes St.S. Side W. Standley St.N. Side W. Perkins St. 210 25 583 24N. Barnes St.S. Side W. Perkins St.N. Side W. Church St. 206 25 572 50 13Cypress Ave.E. Side Live Oak Ave W. Side Hazel Ave 721 34 2,724 68 17Cypress Ave.E Side N. Spring St. W. Side N. Bush St. 786 34 2,969 88 608 68 17 2585 272Dominican Way Maple Ave.End 480 35 1,867 30Dora Ave.E. Side Live Oak Ave W. Side Hazel Ave. 550 33 2,017 120 399 132Dora Ave.E. Side Hazel Ave.W Side N. Spring St. 525 38 2,217 365 90Dora Ave.E Side N. Spring St. N. Side Grove Ave. 735 36 2,940 104 573 144Evans St.N State St.End 502 32 1,785 32Fairway Ave.Maple Ave.End 963 34 3,638 17St. Francis Ct.Maple Ave.End 378 36 1,512 25Gibson St.W. Side Pine St.N Bush St. 268 30 893 15Hamilton St.Clara Ave.Hospital Dr. 431 40 1,916 80 20Hazel Ave.N. Side Cypress Ave.N. Side Dora Ave 360 35 1,400 140Hazel Ave.S. Side Dora Ave.N. Side Grove Ave. 326 35 1,268 140Hazel Ave.S. Side Grove Ave.N. Side Walnut 319 35 1,241 35W. Henry St.N. Dora St. State St. 1,352 24 3,605 192 1N. Highland Ave.W. Standley St.N. Side Perkins St. 198 40 880 14N. Hope St.N. Side W Church St.S. Side W Perkins St. 194 34 733 34N. Hope St.N. Side W. Perkins St.S. Side W. Standley St. 195 32 693 32N. Hope St.N. Side W. Standley St.Smith St. 217 32 772 32N. Hortense St.S. Side W. Standley St. N. Side W. Perkins St. 195 54 1,170 54N. Hortense St.S. Side W. Perkins St.N. Side W. Church St. 195 54 1,170 54Live Oak Ave.Wanut Ave.(TO NEW PORTION)End 1,958 44 9,572 55 1153 200 88Maple Ave.Valley View Dr.W. Side Live Oak Ave. 2,153 36 8,612 252 227 1443 2585Maple Ave.E. Side Live Oak Ave End 1,186 36 4,744 48 18 6Mason St.Clara Ave E Perkins St. 1,735 36 6,940 77 168 1382 86 2 15Myron Pl Ford St. End 468 30 1,560 20N. Oak St.Low Gap Rd N. Side Scott St. 2,060 32 7,324 98 1714N. Oak St.S. Side Scott St.N Side W. Henry St. 696 30 2,320 169 437 64N. Oak St.S. Side W. Henry St.N Side W. Smith St. 212 40 942 198 160N. Oak St.S. Side W. Smith St.N. Side W. Standley St. 210 40 933 35 150 160 15N. Oak St.S. Side W. Standley St.N. Side W. Perkins St. 200 40 889 90 80 160N. Oak St.S Side W. Perkins St.N Side W. Church St. 202 40 898 49 128 160 16Orr St.Bridge Ford St. 465 22 1,137 12Park Place Park Blvd End 498 28 1,549 17Park Ct.Park Place End 278 26 803 N. Pine St.S. Side Scott St.S. Side Grove Ave. 248 57 1,571 114Ruddock Ave.N School St N Oak St. 278 26 803 Sidnie St.Ford St. Clara Ave. 521 30 1,737 30W. Standley St.W. Standley Ct.End (West Side) 1,614 30 5,380 1551W. Standley St.W. Standley Ct.W. Side N. Barnes St. 1,735 26 5,012 95 1538W. Standley St.W. Side N. Barnes St.W. Side Dora St. 1,069 26 3,088 55 748 16W. Standley St.E. Side Dora St.W. Side N. School St. 1,061 27 3,183 392 4 12W. Standley St.E. Side N. Main St.W. Side Mason St. 437 36 1,748 72 18 30W. Smith St. N. Barnes St.W. Side N. Spring St. 551 20 1,224 20W. Smith St.E. Side N. Dora St.W. Side N. School St. 1,056 20 2,347 120 1 20W. Smith St.E. Side School St.New Section of Smith St. 188 20 418 40 2 7W. Smith St.E. Side N. Main St.40 ft. East of N. Main St. 40 27 120 54 4N. Spring St.Cypress Ave.N. Side Dora Ave. 358 32 1,273 80 198 128N. Spring St.S. Side Dora Ave.N. Side Grove Ave. 328 32 1,166 84 202 128N. Spring St.S. Side W. Perkins St.N. Side Church St. 202 54 1,212 55 27Todd Road N Barnes St.Walnut Ave 474 30 1,580 40 87 142 81Willow Ave N. Dora St.E. Side N. Spring St. 523 32 1,860 32Willow Ave W. Side N. Spring St.End of Willow Ave. 175 32 622 16 34,160 1,870 123,082 48 1549 164 688 13263 1972 1290 10 788 5170 272 90TOTAL THERMOPLASTIC PAVEMENT MARKINGSSTREET SECTIONS FIELD LENGTH (FT)VARIABLE WIDTH (FT) SLURRY SEAL AREA (SY) TRAFFIC STRIPING STREET NAM E FROM TO Page 55 of 281 SLURRY SEAL OF L OCAL STREETSSPECIFICATION NUMBER 22-01 UKIAH, CALIFORNIAVARIOUS LOCATIONS WITHIN MARCH 2022 GENERAL NOTES: ALL MATERIALS, WORKMANSHIP AND CONSTRUCTION SHALL CONFORM TOTHE 2010 EDITION OF THE CALTRANS STANDARD PLANS AND SPECIFICATIONS,THESE IMPROVEMENT PLANS AND THE PROJECT SPECIAL PROVISIONS. CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETERESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF THEPROJECT, INCLUDING SAFETY OF ALL PROPERTY; THIS REQUIREMENT SHALL BEMADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKINGHOURS. CONTRACTOR SHALL CONFINE HOURS OF CONSTRUCTION OPERATION TO 7 A.M.TO 6 P.M. MONDAY THROUGH FRIDAY, UNLESS OTHERWISE APPROVED BY THEENGINEER. CONTRACTOR SHALL REFERENCE EXISTING STRIPING AND MARKINGSPRIOR TO BEGINNING WORK AND SHALL RESTRIPE TO MATCHPRE-CONSTRUCTION STRIPING. SEE TABLE 1 FOR QUANTITIES. QUANTITIES NOTED FOR SLURRY SEAL ARE BASED ON FIELD MEASUREMENTSAND ARE SHOWN IN TABLE 1. SLURRY SELECTION SPECIFICATION NUMBER:22-01 DRAWING NUMBER:3 OF 3 C I T Y OF U K I A H SLURRY SEAL OF LOCAL STREETSTABLES S:\Publ i c Works\PROJECTS\Public Works\2022\Spec No 22-01 Slurry Seal Local Streets TABLE 2: QUANTITIES STOP MARKING (EA.)PARKING STALL 25 M PH SIGN WHITE -WHITE N. Barnes St.Park Blvd N. Side W. Standley St. 675 26 1,950 4 6 1N. Barnes St.S. Side W. Standley St.N. Side W. Perkins St. 210 25 583 2 2N. Barnes St.S. Side W. Perkins St.N. Side W. Church St. 206 25 572 1 2Cypress Ave.E. Side Live Oak Ave W. Side Hazel Ave 721 34 2,724 1 5 2Cypress Ave.E Side N. Spring St. W. Side N. Bush St. 786 34 2,969 2 6 2Dominican Way Maple Ave.End 480 35 1,867 4 2 1Dora Ave.E. Side Live Oak Ave W. Side Hazel Ave. 550 33 2,017 5 2Dora Ave.E. Side Hazel Ave.W Side N. Spring St. 525 38 2,217 1 2 2Dora Ave.E Side N. Spring St. N. Side Grove Ave. 735 36 2,940 2 2 2Evans St.N State St.End 502 32 1,785 2 4 1Fairway Ave.Maple Ave.End 963 34 3,638 3 3 1St. Francis Ct.Maple Ave.End 378 36 1,512 2 5 1Gibson St.W. Side Pine St.N Bush St. 268 30 893 1 1Hamilton St.Clara Ave.Hospital Dr. 431 40 1,916 2 2Hazel Ave.N. Side Cypress Ave.N. Side Dora Ave 360 35 1,400 1 5 1Hazel Ave.S. Side Dora Ave.N. Side Grove Ave. 326 35 1,268 2 2Hazel Ave.S. Side Grove Ave.N. Side Walnut 319 35 1,241 2 2W. Henry St.N. Dora St. State St. 1,352 24 3,605 5 14 2N. Highland Ave.W. Standley St.N. Side Perkins St. 198 40 880 1 2 1N. Hope St.N. Side W Church St.S. Side W Perkins St. 194 34 733 2N. Hope St.N. Side W. Perkins St.S. Side W. Standley St. 195 32 693 2N. Hope St.N. Side W. Standley St.Smith St. 217 32 772 2N. Hortense St.S. Side W. Standley St. N. Side W. Perkins St. 195 54 1,170 2N. Hortense St.S. Side W. Perkins St.N. Side W. Church St. 195 54 1,170 2Live Oak Ave.Wanut Ave.(TO NEW PORTION)End 1,958 44 9,572 7 13Maple Ave.Valley View Dr.W. Side Live Oak Ave. 2,153 36 8,612 11 10 1Maple Ave.E. Side Live Oak Ave End 1,186 36 4,744 1 8 1Mason St.Clara Ave E Perkins St. 1,735 36 6,940 8 14 3 9Myron Pl Ford St. End 468 30 1,560 1 1N. Oak St.Low Gap Rd N. Side Scott St. 2,060 32 7,324 9 10 2 4N. Oak St.S. Side Scott St.N Side W. Henry St. 696 30 2,320 2 3 1N. Oak St.S. Side W. Henry St.N Side W. Smith St. 212 40 942 1N. Oak St.S. Side W. Smith St.N. Side W. Standley St. 210 40 933 2 1N. Oak St.S. Side W. Standley St.N. Side W. Perkins St. 200 40 889 1 2 2N. Oak St.S Side W. Perkins St.N Side W. Church St. 202 40 898 1Orr St.Bridge Ford St. 465 22 1,137 2 1Park Place Park Blvd End 498 28 1,549 1 5 1Park Ct.Park Place End 278 26 803 2N. Pine St.S. Side Scott St.S. Side Grove Ave. 248 57 1,571 1 1Ruddock Ave.N School St N Oak St. 278 26 803 2Sidnie St.Ford St. Clara Ave. 521 30 1,737 1 2W. Standley St.W. Standley Ct.End (West Side) 1,614 30 5,380 2 5W. Standley St.W. Standley Ct.W. Side N. Barnes St. 1,735 26 5,012 6 16W. Standley St.W. Side N. Barnes St.W. Side Dora St. 1,069 26 3,088 2 8 1W. Standley St.E. Side Dora St.W. Side N. School St. 1,061 27 3,183 4 10 2W. Standley St.E. Side N. Main St.W. Side Mason St. 437 36 1,748 1W. Smith St.N. Barnes St.W. Side N. Spring St. 551 20 1,224 1 2W. Smith St.E. Side N. Dora St.W. Side N. School St. 1,056 20 2,347 3 9 3W. Smith St.E. Side School St.New Section of Smith St. 188 20 418 1W. Smith St.E. Side N. Main St.40 ft. East of N. Main St. 40 27 120 1 3 1N. Spring St.Cypress Ave.N. Side Dora Ave. 358 32 1,273 4 1N. Spring St.S. Side Dora Ave.N. Side Grove Ave. 328 32 1,166 2 2N. Spring St.S. Side W. Perkins St.N. Side Church St. 202 54 1,212 1 1Todd Road N Barnes St.Walnut Ave 474 30 1,580 1 3 3Willow Ave N. Dora St.E. Side N. Spring St. 523 32 1,860 1 1 2Willow Ave W. Side N. Spring St.End of Willow Ave. 175 32 622 1 1 1 34,160 1,870 123,082 92 210 78 9 4 MH (EA) QUANTITIES STREET NAME FROM TO REFLECTIV E M ARKERS (EA) ST REET SECTIONS FIELD LENGTH (FT)VARIABLE WIDTH (FT) SLURRY SEAL AREA (SY) BLUE PAVEMENT MARKINGSPAVEMENT MARKERS VALVE / M ON. / SCO (EA) 2 1 TOT AL 1112112 11 1 1 1 133315 111 11 112242 1156 1111 Page 56 of 281 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR SLURRY SEAL OF LOCAL STREETS SPECIFICATION NO. 22-01 CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 Seminary Avenue Ukiah, California 95482-5400 Bids Open: XXXX 2:00 p.m. Office of City Clerk Page 57 of 281 SLURRY SEAL OF LOCAL STREETS Spec NO. 22-01 ii CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA CITY COUNCIL: JIM BROWN – MAYOR JOSEFINA DUEÑAS – VICE-MAYOR DOUGLAS F. CRANE – COUNCIL MEMBER MARI RODIN – COUNCIL MEMBER JUAN OROZCO – COUNCIL MEMBER SAGE SANGIACOMO – CITY MANAGER TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER MARY HORGER – PROCUREMENT MANAGER KRISTINE LAWLER – CITY CLERK R. ALLEN CARTER - CITY TREASURER Approved by: _______________________________ Tim Eriksen Director of Public W orks / City Engineer Page 58 of 281 SLURRY SEAL OF LOCAL STREETS Spec NO. 22-01 iii CIT Y OF UKIAH DEPART MENT OF PUBLIC W ORKS March 2022 TABLE OF CONTENTS PAGE NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS .................................................................................................................... 1 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS ............................................ 5 1-01. Definitions 1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal 1-04. Withdrawal of Bids 1-05. Public Opening of Bids 1-06. Bid Guaranty 1-07. Qualification of Bidders 1-08. Disqualification of Bidders 1-09. Identification of Subcontractors 1-10. General Provisions of the Standard Specifications SECTION 2. AWARD AND EXECUTION OF CONTRACT ........................................................................ 7 2-01. Award of Contract 2-02. Return of Proposal Guaranties 2-03. Execution of Contract SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................. 7 3-01. Effect of Inspection and Payments 3-02. Effect of Extension of Time 3-03. Extra Work 3-04. Assignment of Contract 3-05. Subcontractors 3-06. Interpretation of Special Provisions and Drawings 3-07. Liability of City Officials 3-08. Dispute Resolution SECTION 4. BONDS ................................................................................................................................... 8 4-01. Faithful Performance Bond 4-02. Material and Labor Bond 4-03. Defective Material and Workmanship Bond 4-04. Notification of Surety Companies SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ....................................................... 9 5-01. Minimum Scope of Insurance 5-02. Minimum Limits of Insurance 5-03. Deductibles and Self-Insured Retentions 5-04. Other Insurance Provisions Page 59 of 281 SLURRY SEAL OF LOCAL STREETS Spec NO. 22-01 iv 5-05. Acceptability of Insurers 5-06. Verification of Coverage 5-07. Subcontractors SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR..................................................... 10 6-01. Legal Address of Contractor 6-02. Office of Contractor at Site 6-03. Attention to Work 6-04. Liability of Contractor 6-05. Protection of Persons and Property 6-06. Protection of City Against Patent Claims 6-07. Protection of Contractor's Work Property 6-08. Regulations and Permits 6-09. Construction Utilities 6-10. Approval of Contractor's Plans 6-11. Suggestions to the Contractor 6-12. Termination of Unsatisfactory Subcontracts 6-13. Preservation of Stakes and Marks 6-14. Assistance to Engineer 6-15. Removal of Condemned Materials and Structures 6-16. Proof of Compliance with Contract 6-17. Errors and Omissions 6-18. Cooperation 6-19. Right of Contractor to Stop Work 6-20. Hiring and Dismissal of Employees 6-21. Wage Rates 6-22. Cleaning Up 6-23. Guaranty 6-24. Public Notification SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ...................................................................... 16 7-01. Authority of the Engineer 7-02. Inspection 7-03. Surveys 7-04. Rights-of-Way 7-05. Retention of Imperfect Work 7-06. Changes in the Work 7-07. Additional Drawings by City 7-08. Additional and Emergency Protection 7-09. Suspension of Work 7-10. Right of City to Terminate Contract 7-11. Use of Completed Portions SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT ............................................................ 18 8-01. General Quality 8-02. Quality in Absence of Detailed Specifications 8-03. Materials and Equipment Specified by Name 8-04. Source of Materials 8-05. Storage of Materials 8-06. Drawings, Samples and Tests SECTION 9. PROSECUTION OF WORK ................................................................................................. 19 Page 60 of 281 SLURRY SEAL OF LOCAL STREETS Spec NO. 22-01 v 9-01. Equipment and Methods 9-02. Time of Completion 9-03. Avoidable Delays 9-04. Unavoidable Delays 9-05. Notice of Delays 9-06. Extension of Time 9-07. Unfavorable Weather and Other Conditions 9-08. Saturday, Sunday, Holiday and Night Work 9-09. Hours of Labor SECTION 10. PAYMENT ........................................................................................................................... 20 10-01. Certification by Engineer 10-02. Progress Estimates and Payment 10-03. Substitution of Securities 10-04. Acceptance 10-05. Final Estimate and Payment 10-06. Delay Payments 10-07. Extra Work and Work Omitted 10-08. Compensation for Extra Work or Work Omitted 10-09. Compensation to the City for Extension of Time 10-10. Liquidated Damages for Delay SECTION 11. MISCELLANEOUS ............................................................................................................. 23 11-01. Notice 11-02. Computation of Time 11-03 Claims Procedure Required by Public Contract Code Section 9204 11-04. Litigation and Forum Selection 11-05. Waiver TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION ................................................................................................ 27 12-01. Arrangement of Technical Specifications 12-02. Arrangement of Plans 12-03. Business Licenses 12-04. Permits 12-05. Standard Specifications and Standard Plans 12-06. Temporary Facilities 12-07. Public Convenience and Safety 12-08. Maintaining Traffic 12-09. Traffic Control System for Street Closure 12-10. Stream Pollution 12-11. Warranties 12-12. Utilities 12-13. Dust Control 12-14. Noise Control 12-15. Watering 12-16. Preconstruction Conference 12-17. Progress Schedule 12-18. Safety Requirements SECTION 13. CONSTRUCTION DETAILS ............................................................................................... 31 Page 61 of 281 SLURRY SEAL OF LOCAL STREETS Spec NO. 22-01 vi 13-01. Location and Scope of Work 13-02. Existing Highway Facilities 13-03. Preservation of Property 13-04. Watering 13-05. Utility Boxes 13-06. Slurry Seal (TYPE I) 13-07. Slurry Seal (TYPE II) 13-08. General – Slurry Seal 13-09. Traffic Striping 13-10. Removal of Stripes and Markings 13-11. Thermoplastic Pavement Markings 13-12. Pavement Markings 13-13. Pavement Markers 13-14. Reflective Pavement Markers (Blue) SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ............................................................... 36 14-01. Provisions to be excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................. 36 15-01. Provisions of General Conditions to be Amended CERTIFICATES AND DOCUMENTS BID SUBMITTAL CHECKLIST .................................................................................................................... 37 PROPOSAL ........................................................................................................................................... 38 BIDDING SCHEDULE ................................................................................................................................. 39 FAIR EMPLOYMENT PRACTICES CERTIFICATION ............................................................................... 41 WORKER'S COMPENSATION CERTIFICATE .......................................................................................... 42 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................. 43 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................. 44 STATEMENT OF EXPERIENCE OF BIDDER ............................................................................................ 45 SIGNATURE OF BIDDER ........................................................................................................................... 46 BIDDER'S BOND ........................................................................................................................................ 47 NON-COLLUSION AFFIDAVIT ................................................................................................................... 48 AGREEMENT ........................................................................................................................................... 49 INDEMNIFICATION AGREEMENT ............................................................................................................ 53 EXAMPLE BOND FORMS .......................................................................................................................... 54 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND .......... 59 Page 62 of 281 SLURRY SEAL OF LOCAL STREETS Spec NO. 22-01 vii DEFECTIVE MATERIAL AND W ORKMANSHIP (MAINTENANCE) BOND .............................................. 60 INSURANCE CERTIFICATES AND ENDORSEMENT FORMS APPENDICES: Page 63 of 281 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA NOTICE TO BIDDERS FOR SLURRY SEAL OF LOCAL STREETS SPECIFICATION NO. 22-01 NOTICE IS HEREBY GIVEN that sealed standard proposals for SLURRY SEAL OF LOCAL STREETS will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on XXXX at which time, or as soon thereafter as possible, they will be publicly opened and read. Bids shall be addressed to the City Clerk and shall be endorsed SLURRY SEAL OF LOCAL STREETS” Bids are required for the entire work described herein. No fax bids will be accepted. ENGINEER'S ESTIMATE OF QUANTITIES ITEM NO. QUANTITY UNIT DESCRIPTION Engineer's Estimate UNIT TOTAL PRICE 1 1 LS Traffic Control $15,000.00 $15,000.00 2 123,082 SY Slurry Seal $1.85 $227,701.70 3 1,549 LF Solid Yellow 4" Traffic Stripe $2.00 $3,098.00 4 48 LF Solid White 4" Traffic Stripe $2.00 $96.00 4 688 LF Solid Double Yellow 4" Traffic Stripe $2.00 $1,376.00 5 13,263 LF Broken Yellow 4" Traffic Stripe $2.00 $26,526.00 6 164 LF Solid White 8" Stripe $2.00 $328.00 7 1,972 LF Thermoplastic White Crosswalk $6.00 $11,832.00 8 1,290 LF Thermoplastic Yellow Crosswalk $6.00 $7,740.00 9 5,422 SF Thermoplastic Ladder Crosswalk $6.00 $32,532.00 10 788 LF Thermoplastic Stop Bar $6.00 $4,728.00 11 1 LS Thermoplastic Pavement Markings $1,000.00 $1,000.00 12 1 LS Pavement Markings $3,800.00 $3,800.00 13 1 LS Pavement Markers $200.00 $200.00 Plans and Special Provisions may also be downloaded at no charge from the City’s website at www.cityofukiah.com/purchasing. Contact Mary Horger, Procurement Manager, City of Ukiah, 300 Seminary Avenue, Ukiah, California 95482-5400. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Mary Horger at (707) 463-6233 or at fax phone (707) 313-3621. The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept. The City Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the bidding requirements that the City determines in the reasonable exercise of its discretion does not provide the bidder with a competitive advantage over other bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5 except as allowed under Labor Code section 1771.1(a). The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the DIR. Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes for the City of Ukiah. Copies of the General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ the prime contractor for the work herein shall Page 64 of 281 possess a current, valid State of California, Class A (General Engineering) Contractor's License. Pursuant to California Public Contract Code §22300, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract. By order of the City Council, City of Ukiah, County of Mendocino, State of California. Dated: ________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California PUBLISH TWO TIMES: INSTRUCTIONS TO BIDDERS SLURRY SEAL OF LOCAL STREETS shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made. Each bidder must supply all the information required by the bid documents and Special Provisions. Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities. All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions. No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof. The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work. The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled. The work is to be completed within fifteen (15) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day’s delay beyond the time prescribed. The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest. All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest. Examination of Site, Drawings, Etc. Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Page 65 of 281 SLURRY SEAL OF LOCAL STREETS 10 Spec NO. 22-01 Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise. The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into consideration that conditions may exist underground or otherwise that are not known to the City or easily detected during a site inspection that could impact the time or cost of completing the project. The City expects the bids to anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional time or cost that such conditions may necessitate. The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract. Bidder Inquiries and Questions Inquiries and questions must be submitted in writing via fax or email to the following designated contact person: Mary Horger, Procurement Manager Fax: (707) 313-3621 Email: mhorger@cityofukiah.com The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening. Page 66 of 281 SLURRY SEAL OF LOCAL STREETS 11 Spec NO. 22-01 Location of the Work All of the work to be performed is within the City of Ukiah. N. Barnes St. Park Blvd N. Side W. Standley St. N. Barnes St. S. Side W. Standley St. N. Side W. Perkins St. N. Barnes St. S. Side W. Perkins St. N. Side W. Church St. Cypress Ave. E. Side Live Oak Ave W. Side Hazel Ave Cypress Ave. E Side N. Spring St. W. Side N. Bush St. Dominican Way Maple Ave. End Dora Ave. E. Side Live Oak Ave W. Side Hazel Ave. Dora Ave. E. Side Hazel Ave. W Side N. Spring St. Dora Ave. E Side N. Spring St. N. Side Grove Ave. Evans St. N State St. End Fairway Ave. Maple Ave. End St. Francis Ct. Maple Ave. End Gibson St. W. Side Pine St. N Bush St. Hamilton St. Clara Ave. Hospital Dr. Hazel Ave. N. Side Cypress Ave. N. Side Dora Ave Hazel Ave. S. Side Dora Ave. N. Side Grove Ave. Hazel Ave. S. Side Grove Ave. N. Side Walnut W. Henry St. N. Dora St. State St. N. Highland Ave. W. Standley St. N. Side Perkins St. N. Hope St. N. Side W Church St. S. Side W Perkins St. N. Hope St. N. Side W. Perkins St. S. Side W. Standley St. N. Hope St. N. Side W. Standley St. Smith St. N. Hortense St. S. Side W. Standley St. N. Side W. Perkins St. N. Hortense St. S. Side W. Perkins St. N. Side W. Church St. Live Oak Ave. Wanut Ave.(TO NEW PORTION) End Maple Ave. Valley View Dr. W. Side Live Oak Ave. Maple Ave. E. Side Live Oak Ave End Mason St. Clara Ave E Perkins St. Myron Pl Ford St. End N. Oak St. Low Gap Rd N. Side Scott St. N. Oak St. S. Side Scott St. N Side W. Henry St. N. Oak St. S. Side W. Henry St. N Side W. Smith St. N. Oak St. S. Side W. Smith St. N. Side W. Standley St. N. Oak St. S. Side W. Standley St. N. Side W. Perkins St. N. Oak St. S Side W. Perkins St. N Side W. Church St. Orr St. Bridge Ford St. Park Place Park Blvd End Park Ct. Park Place End N. Pine St. S. Side Scott St. S. Side Grove Ave. Ruddock Ave. N School St N Oak St. Page 67 of 281 SLURRY SEAL OF LOCAL STREETS 12 Spec NO. 22-01 Sidnie St. Ford St. Clara Ave. W. Standley St. W. Standley Ct. End (West Side) W. Standley St. W. Standley Ct. W. Side N. Barnes St. W. Standley St. W. Side N. Barnes St. W. Side Dora St. W. Standley St. E. Side Dora St. W. Side N. School St. W. Standley St. E. Side N. Main St. W. Side Mason St. W. Smith St. N. Barnes St. W. Side N. Spring St. W. Smith St. E. Side N. Dora St. W. Side N. School St. W. Smith St. E. Side School St. New Section of Smith St. W. Smith St. E. Side N. Main St. 40 ft. East of N. Main St. N. Spring St. Cypress Ave. N. Side Dora Ave. N. Spring St. S. Side Dora Ave. N. Side Grove Ave. N. Spring St. S. Side W. Perkins St. N. Side Church St. Todd Road N Barnes St. Walnut Ave Willow Ave N. Dora St. E. Side N. Spring St. Willow Ave W. Side N. Spring St. End of Willow Ave. GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given: a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain. b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them. c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. Page 68 of 281 SLURRY SEAL OF LOCAL STREETS 13 Spec NO. 22-01 h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise. Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise. As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved. 1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation. Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid. 1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. Page 69 of 281 SLURRY SEAL OF LOCAL STREETS 14 Spec NO. 22-01 A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed. In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth: (a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid. (b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. SECTION 2. AWARD AND EXECUTION OF CONTRACT 2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost. 2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City. SECTION 3. SCOPE AND INTENT OF CONTRACT 3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages Page 70 of 281 SLURRY SEAL OF LOCAL STREETS 15 Spec NO. 22-01 thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative. 3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgment of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract. 3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors. Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract. 3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-08. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6. SECTION 4. BONDS 4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement. Page 71 of 281 SLURRY SEAL OF LOCAL STREETS 16 Spec NO. 22-01 4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract. SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS (WITH CONSTRUCTION RISKS) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. Page 72 of 281 SLURRY SEAL OF LOCAL STREETS 17 Spec NO. 22-01 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. 2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. 3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code. 6. Course of Construction policies shall contain the following provisions: a.) The City shall be named as loss payee. b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following: A++ VII A- VIII A+ VII B++ X A VII B+ X 5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. Page 73 of 281 SLURRY SEAL OF LOCAL STREETS 18 Spec NO. 22-01 5-07. Subcontractors. Contractor shall include all subcontractors as insured’s under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage’s for subcontractors shall be subject to all of the requirements stated herein. SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR 6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative. 6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation. The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision. Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may Page 74 of 281 SLURRY SEAL OF LOCAL STREETS 19 Spec NO. 22-01 be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property. All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes. Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor. 6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. Page 75 of 281 SLURRY SEAL OF LOCAL STREETS 20 Spec NO. 22-01 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved. 6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. 6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer. 6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor. 6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk. 6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. He or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands. Page 76 of 281 SLURRY SEAL OF LOCAL STREETS 21 Spec NO. 22-01 Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer. (1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him. (2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract. (3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City. All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates. 1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. 2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 (or the higher minimum penalty as provided in Section 1775(B)(ii) – (iii)) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address: Page 77 of 281 SLURRY SEAL OF LOCAL STREETS 22 Spec NO. 22-01 http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers. 4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. 6. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). 7. Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal. On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition. 6-23. Guaranty. All work shall be guaranteed for a period of one year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment. The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof. Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work. 6-24. Public Notification. The contractor shall be responsible for all public notification regarding construction work within the subject intersection, including detours, lane and street closures, hours of operations, and notification of affected commercial businesses within 1000 feet of the construction. For any business impacted Page 78 of 281 SLURRY SEAL OF LOCAL STREETS 23 Spec NO. 22-01 by construction, the contractor shall provide adequate sized on-site signage indicating that businesses are open during construction for pedestrian traffic. The contractor shall prepare public noticing via the newspaper, radio announcements, notification of the emergency vehicle agencies, public transit, school buses, County of Mendocino offices, the high school, junior high school, elementary schools effected by potential detours and street closures, with recommended alternate routes of travel. Through street access from will be restricted to businesses and residents only during construction days. All proposed detours, closures and traffic control methods shall be submitted to the Engineer for approval prior to noticing the public. All public noticing shall be performed a minimum of one week prior to instituting traffic control, and lane or street closures. The tentative construction schedule shall be included in the public noticing, and the use of temporary traffic signalization of the intersection shall be noted all road closures, detour routes, and traffic control including temporary lane closure plans shall be submitted by the Contractor to the City Engineer for approval prior to public noticing and use. SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY 7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer. 7-02. Inspection. The City will provide engineering personnel for the inspection of the work. The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost. Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Page 79 of 281 SLURRY SEAL OF LOCAL STREETS 24 Spec NO. 22-01 Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements. 7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore. The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions. Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings. 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate. The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. Page 80 of 281 SLURRY SEAL OF LOCAL STREETS 25 Spec NO. 22-01 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension. If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. 7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine. SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT 8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. Page 81 of 281 SLURRY SEAL OF LOCAL STREETS 26 Spec NO. 22-01 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer. When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources. All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material. SECTION 9. PROSECUTION OF WORK 9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith. 9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or Page 82 of 281 SLURRY SEAL OF LOCAL STREETS 27 Spec NO. 22-01 she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays. Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order. 9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. 9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, Page 83 of 281 SLURRY SEAL OF LOCAL STREETS 28 Spec NO. 22-01 or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof. SECTION 10. PAYMENT 10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month. The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored. The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place. 10-03. Substitution of Securities. 1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types: (a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States. (c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest. (d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better. (e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation. (f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating Page 84 of 281 SLURRY SEAL OF LOCAL STREETS 29 Spec NO. 22-01 within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation. (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as banker’s acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association. (i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2). (k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico. (l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service. 2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract. The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent. 3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash. 10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council. 10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof. Page 85 of 281 SLURRY SEAL OF LOCAL STREETS 30 Spec NO. 22-01 Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe. In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder. 10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate. The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted". When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses. All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work. When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D, “Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications. This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, Page 86 of 281 SLURRY SEAL OF LOCAL STREETS 31 Spec NO. 22-01 superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges. 10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar days delay beyond the time prescribed. SECTION 11. MISCELLANEOUS 11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a da y made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. 11-03. Claims Procedure Required by Public Contract Code Section 9204. This section shall apply to any claim by the Contractor arising in connection with this project in accordance with Public Contract Code Section 9204. a. For purposes of this section "Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under this contract. (B) Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C) Payment of an amount that is disputed by the City. (1) (A) Upon receipt of a claim pursuant to this section, the City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and the contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The Contractor shall furnish reasonable documentation to support the claim. (C) If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. Page 87 of 281 SLURRY SEAL OF LOCAL STREETS 32 Spec NO. 22-01 (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the Contractor disputes the City's written response, or if the City fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to in writing by the City and the Contractor, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (3) Failure by the City to respond to a claim from the Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privacy of contract does not exist, the Contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. c. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the Page 88 of 281 SLURRY SEAL OF LOCAL STREETS 33 Spec NO. 22-01 provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. 11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work. 11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach. Page 89 of 281 SLURRY SEAL OF LOCAL STREETS 34 Spec NO. 22-01 TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION 12-01. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows: Section No. Title 12 General Information 13 Construction Details 14 Exclusions from General Conditions 15 Amendments to General Conditions 12-02. Arrangement of Plans. The Plans consist of four (4) sheets numbered 1 through 4 and they are hereby made a part of the Contract Documents. 12-03. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-04. Permits. The Contractor shall obtain and pay for all permits required to complete this work except the required encroachment permit. The Contractor shall obtain an encroachment permit from the Public Works Department at no cost prior to the start of the Work. The encroachment permit will not be issued until the Contract Agreement and bonds have been executed, submitted, and accepted by the City and all insurance endorsements have been submitted to and accepted by the City’s Risk Manager. 12-05. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2015, are hereby made a part of these Technical Specifications, and are hereinafter referred to as "Standard Specifications" and "Standard Plans." Whenever the following terms are used in the Standard Specifications and the Standard Plans, they shall be understood to mean and refer to the following: Department or Department of Transportation - The City Council. Director of Public Works - The City of Ukiah Director of Public Works/City Engineer. Engineer - The Engineer, designated by the Director of Public Works, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract. State - The City of Ukiah Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications. In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows: 1. City Special Provisions (Technical Specifications) 2. City Project Plans 3. City Standard Plans and Details 4. California Standard Plans 5. California Standard Specifications 12-06. Temporary Facilities. All temporary facilities are the responsibility of the Contractor and the removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the installation and removal of the Contractor’s temporary facilities. 12-07. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass through the work. The Contractor shall post notice(s) at the job sites a minimum of 72 hours in advance of working at the site, indicating the date and times that street parking will be prohibited. This notice shall be placed in obvious locations and be spaced no further than 250 feet apart along the length of the project site and on each side of the affected street. The Contractor shall also provide and place door hangers at all houses adjacent to working Page 90 of 281 SLURRY SEAL OF LOCAL STREETS 35 Spec NO. 22-01 area. The door hanger notification shall be in writing and it shall be submitted to the Engineer for approval a minimum of 5 working days prior to the proposed public notification. Full cost for “Public Convenience and Safety” shall be considered as included in the various items of work and no additional compensation will be made. 12-08. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications. Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made. Street Closures shall conform to the provisions in the section of these Special Provisions entitled “Traffic Control System for Street Closure.” When leaving a work area and entering a roadway carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall in all cases yield to public traffic. The full width of the traveled way shall be opened for use by public traffic on Saturdays, Sundays, and designated City holidays, after 3:00 p.m. Fridays and the day preceding designated City holidays, and when construction operations are not actively in progress. Designated City holidays are: January 1st, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, the second Monday in October, the second Monday in November, Thanksgiving Day, the day following Thanksgiving Day, December 24th, December 25th, December 30th, December 31st. When a designated City holiday falls on a Sunday, the following Monday shall be a designated City holiday. When a designated City holiday falls on a Saturday, the preceding Friday shall be a designated City holiday. Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by contract change order. The fences, temporary railing (Type K), barricades, lights, signs, and other devices furnished and installed by the Contractor, at his expense, to conform to the provisions in said Section 7-1.09, and in addition to any construction area traffic control devices for which payment is provided for elsewhere in the specifications. Payment. Full costs for “Maintaining Traffic”, including “Flagging Costs” shall be considered as part of the lump sum payment for Traffic Control System and no additional compensation will be made. 12-09. Traffic Control System for Street Closure. A traffic control system shall consist of closing streets in accordance with the Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones, the provisions of Section 12, “Construction Area Traffic Control Devices,” of the Standard Specifications, and provisions under “Maintaining Traffic” elsewhere in these Special Provisions. The provisions in this section will not relieve the Contractor of their responsibilities that may be necessary to comply with the provisions in Section 12-08, “Public Safety”, of the Standard Specifications. The base material of construction area signs may be plywood in City Right-of-Way, but shall not be plywood in the State Right-of Way. The contractor shall develop and submit to the Engineer for approval a Traffic Control Plan a minimum of one week before beginning construction. The Traffic Control Plan shall show the planned method of traffic control during construction. The following information shall be included in the Traffic Control Plan: • Sequencing of construction • Street layout, with street names and direction of flow • Location and types of construction area signs (including pedestrian notification) • Locations of barriers or other traffic control devices • Location of flaggers • A contingency plan for how to handle emergency vehicles Page 91 of 281 SLURRY SEAL OF LOCAL STREETS 36 Spec NO. 22-01 The Contractor shall not begin construction at the site until the Traffic Control Plan is reviewed and approved by the Engineer. The City reserves the right to delay the contractor’s operations until such time that a Traffic Control Plan has been reviewed and approved by the Engineer. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. When street closures are made for work periods only, at the end of each work period, all components of the traffic control system shall be removed from the traveled way and shoulder. If the contractor so elects, said components may be stored at select central locations, approved by the Engineer, within the limits of the street right-of-way. Payment. The contract lump sum price paid for traffic control shall include full compensation for furnishing a Traffic Control Plan, furnishing all labor, materials (including signs), tools, equipment, and incidentals and for doing all the work involved in placing, removing, storing, maintaining and moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. 12-10. Stream Pollution. The Contractor shall exercise precaution to limit the muddying or silting of live streams and drainage channels to the maximum extent practicable, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. The Contractor’s attention is also directed to Section 7-1.01G, “Water Pollution,” of the Standard Specifications and to Section 13, “Water Pollution Control”, of the Construction Details Section concerning the requirement for submittal to the Engineer for approval a written program for the control of pollution to adjacent drainage courses during the construction of the project. Said written program shall include the erosion control provisions required by Section 13, “Temporary Erosion Control”, of these Construction Details.” 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. The Contractor shall replace promptly and at his own expense any materials and/or workmanship that are faulty or defective during this warranty period. 12-12. Utilities. The owner will not arrange water, sewer or electrical services for construction. It is the Contractor's sole responsibility to arrange such services as necessary with the applicable utility provider(s). 12-13. Dust Control. Dust control shall conform to the provisions of Section 10 of the Standard Specifications. Full compensation for dust control shall be considered as included in the prices paid for the various contract items and no additional compensation will be made therefore. This includes the application of water for the purpose of controlling dust caused by public traffic within the project area. The Contractor may at his option use dust palliative in accordance with the provisions of Section 18, “Dust Palliative’” of the Standard Specifications except that the full compensation for applying dust palliative shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore. All active construction areas shall be watered at least twice daily and more often during hot or windy periods. The active areas adjacent to the apartment complexes shall be kept damp at all times. Hauling trucks shall be covered or at least a two-foot freeboard shall be maintained. Unpaved access roads, parking areas for construction equipment and construction employee vehicles, staging areas, and storage areas shall be paved or shall receive the application of either water twice daily or non-toxic soil stabilizers. All paved access roads, parking areas, staging areas, storage areas, and public roads impacted by the work of the project shall be swept daily with street sweepers equipped with water spray to remove soil materials that have been deposited on these surfaces by reason of the work. Page 92 of 281 SLURRY SEAL OF LOCAL STREETS 37 Spec NO. 22-01 The Contractor shall enclose, cover, or water twice daily or apply non-toxic soil stabilizers or install erosion control blankets to or on exposed stockpiles, embankment slopes, and cut slopes. Traffic speeds on unpaved surfaces shall be limited to a maximum speed of 15 mph 12-14. Noise Control. The Contractor’s attention is directed to the provisions of section 7.1.01I, “Sound Control Requirements", of the Standard Specifications and Section 9.08, Saturday, Sunday, Holiday, and Night Work, of these General Conditions concerning the control of noise emissions and authorized work hours and days. Between 7:00 a.m. and 7:00 p.m., noise from Contractor’s operations shall not exceed limits established by applicable laws or regulations and in no event shall exceed 86 dB at a distance of 50 feet from the noise source. The City shall provide a Noise Disturbance Coordinator who shall be responsible for acting on any local complaints concerning the construction noise being generated by reason of the work of the project. The Contractor shall conspicuously post a telephone number for the Noise Disturbance Coordinator at the construction site and he shall include it in the construction schedule notice to be provided to the residents. The Noise Disturbance Coordinator shall investigate the noise complaint allegations and shall require the Contractor to implement reasonable measures to mitigate the noise level in accordance with the requirements of these General Conditions and of the Standard Specifications. The Contractor shall locate all stationary noise generating construction equipment such as air compressors and generators as far as practical from the nearby residences and other noise sensitive land uses. The noise source shall be acoustically shielded when practical. The Contractor shall prohibit unnecessary idling of internal combustion engines. 12-15. Watering. The application of water and the developing of a water supply shall be performed in accordance with the provisions of Section 17, “Watering,” of the Standard Specifications except as modified by these Special Provisions. Full compensation for applying water where called for or as directed by the Engineer and for developing the water supply shall be considered as included in the prices paid for the various contract items and no additional compensation will be made therefore. The Contractor is advised that water may be obtained from fire hydrants within the project area under permit with the City’s Public Works Department and upon the payment of a meter deposit. Permit application and inquiry as to the water usage fees are to be made at the City of Ukiah, 300 Seminary Avenue, phone (707) 463-6228. 12-16. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, work schedule, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents. 12-17. Progress Schedule. Progress schedules will be required for this contract and shall conform to the provisions in Section 8-1.04, "Progress Schedule," of the Standard Specifications. 12-18. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project. Page 93 of 281 SLURRY SEAL OF LOCAL STREETS 38 Spec NO. 22-01 SECTION 13 - CONSTRUCTION DETAILS 13-01. Location and Scope of Work. N. Barnes St. Park Blvd N. Side W. Standley St. N. Barnes St. S. Side W. Standley St. N. Side W. Perkins St. N. Barnes St. S. Side W. Perkins St. N. Side W. Church St. Cypress Ave. E. Side Live Oak Ave W. Side Hazel Ave Cypress Ave. E Side N. Spring St. W. Side N. Bush St. Dominican Way Maple Ave. End Dora Ave. E. Side Live Oak Ave W. Side Hazel Ave. Dora Ave. E. Side Hazel Ave. W Side N. Spring St. Dora Ave. E Side N. Spring St. N. Side Grove Ave. Evans St. N State St. End Fairway Ave. Maple Ave. End St. Francis Ct. Maple Ave. End Gibson St. W. Side Pine St. N Bush St. Hamilton St. Clara Ave. Hospital Dr. Hazel Ave. N. Side Cypress Ave. N. Side Dora Ave Hazel Ave. S. Side Dora Ave. N. Side Grove Ave. Hazel Ave. S. Side Grove Ave. N. Side Walnut W. Henry St. N. Dora St. State St. N. Highland Ave. W. Standley St. N. Side Perkins St. N. Hope St. N. Side W Church St. S. Side W Perkins St. N. Hope St. N. Side W. Perkins St. S. Side W. Standley St. N. Hope St. N. Side W. Standley St. Smith St. N. Hortense St. S. Side W. Standley St. N. Side W. Perkins St. N. Hortense St. S. Side W. Perkins St. N. Side W. Church St. Live Oak Ave. Wanut Ave.(TO NEW PORTION) End Maple Ave. Valley View Dr. W. Side Live Oak Ave. Maple Ave. E. Side Live Oak Ave End Mason St. Clara Ave E Perkins St. Myron Pl Ford St. End N. Oak St. Low Gap Rd N. Side Scott St. N. Oak St. S. Side Scott St. N Side W. Henry St. N. Oak St. S. Side W. Henry St. N Side W. Smith St. N. Oak St. S. Side W. Smith St. N. Side W. Standley St. N. Oak St. S. Side W. Standley St. N. Side W. Perkins St. N. Oak St. S Side W. Perkins St. N Side W. Church St. Orr St. Bridge Ford St. Park Place Park Blvd End Park Ct. Park Place End N. Pine St. S. Side Scott St. S. Side Grove Ave. Ruddock Ave. N School St N Oak St. Page 94 of 281 SLURRY SEAL OF LOCAL STREETS 39 Spec NO. 22-01 Sidnie St. Ford St. Clara Ave. W. Standley St. W. Standley Ct. End (West Side) W. Standley St. W. Standley Ct. W. Side N. Barnes St. W. Standley St. W. Side N. Barnes St. W. Side Dora St. W. Standley St. E. Side Dora St. W. Side N. School St. W. Standley St. E. Side N. Main St. W. Side Mason St. W. Smith St. N. Barnes St. W. Side N. Spring St. W. Smith St. E. Side N. Dora St. W. Side N. School St. W. Smith St. E. Side School St. New Section of Smith St. W. Smith St. E. Side N. Main St. 40 ft. East of N. Main St. N. Spring St. Cypress Ave. N. Side Dora Ave. N. Spring St. S. Side Dora Ave. N. Side Grove Ave. N. Spring St. S. Side W. Perkins St. N. Side Church St. Todd Road N Barnes St. Walnut Ave Willow Ave N. Dora St. E. Side N. Spring St. Willow Ave W. Side N. Spring St. End of Willow Ave. The Contractor should familiarize himself with the local conditions of the project site. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463-6233. 13-02. Existing Highway Facilities. The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15 of the Standard Specifications and these Special Provisions. All existing highway facilities to be removed shall be disposed of at locations outside the highway right-of-way. Such disposal shall conform to the provisions in Section 7-1.13, “Disposal of Material outside the Highway Right-of-Way.” Payment. Full compensation for complying with this section of the Special Provisions shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 13-03. Preservation of Property. The contractor shall conform to the provisions of Section 7-1.11, “Preservation of Property” of the Standard Specifications and to these Special Provisions. All costs to the Contractor for protecting, removing, modifying, relocating and restoring existing improvements shall be considered as included in the contract prices paid for the various items of work and no additional allowances will be made therefore. Payment. Full compensation for complying with this section of the Special Provisions shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 13-04. Watering. Developing water supply and applying shall conform to the provisions in Section 17 of the Standard Specifications and these Special Provisions. Water shall not be obtained from any of the nearby property owners without their written permission. Payment. Full compensation for developing and applying water conforming to the above requirements shall be considered as included in the prices paid for the various contract items of work requiring water, and no additional compensation will be allowed therefore. 13-05. Utility Boxes. Prior to commencing the slurry seal operation, all surface utilit y covers including but not limited to survey monuments, manholes, water valves, etc. shall be protected by thoroughly covering the surface with an appropriate adhesive and oiled or plastic paper. No adhesive material shall be permitted to cover, seal or fill the joint between the frame and cover of the structure. Covers are to be uncovered and cleaned of slurr y material by the end of the same work day. The Contractor shall take precautions to remove any slurry that may cover these appurtenances. Page 95 of 281 SLURRY SEAL OF LOCAL STREETS 40 Spec NO. 22-01 13-06 Slurry Seal (TYPE I). The slurry seal on streets and facilities, shall be furnished and applied in accordance with the provisions for description, materials, proportioning, mixing, spreading equipment and placing of slurry seal, Section 37-3 of the California Standard Specifications and these Specifications. (A) Aggregate. Aggregate for Slurry Seal shall conform to the percentage composition by dry weight of the aggregate to the following graduation: (B) GRADATION – TYPE I SLURRY SIEVE SIZE PERCENTAGE PASSING 3/8 “ - No. 4 100 No. 8 90 - 100 No. 16 60 - 90 No. 30 40 - 65 No. 200 10 - 20 The aggregate shall also conform to the following quality requirements: TEST CALIFORNIA TEST REQUIREMENTS Sand Equivalent 217 45 Minimum Durability Index 229 55 Minimum (C) Asphaltic Emulsion. Asphaltic emulsion shall be a quick setting type Grade QS1h anionic or Grade CQS1h cationic as specified in the standard specifications. (D) Water. Water shall be such quality that the asphalt will not separate from the emulsion before the slurry seal is in place in the work. (E) Proportioning. Asphaltic emulsion shall be added at a rate of 17 percent by weight of the dry aggregate. If necessary for workability, a retarding agent, that will not adversely affect the seal, may be used. Water and retarder if used, shall be the minimum amount necessary to ensure proper workability but shall not exceed 20 percent, by volume, of asphalt emulsion used or adding 3 percent, by volume, to the aggregate / asphalt emulsion mixture, and (a) Will permit uncontrolled traffic on the slurry seal no more than 3 hours after placement without the occurrence of bleeding, raveling, separation or other distress; and (b) Will prevent development of bleeding, raveling, separation or other distress within 7 days after placing the slurry seal. Unless otherwise specified in the special provisions or by the Engineer, slurry seal shall be spread at a rate of 12 pounds of dry aggregate per square yard. The spread rate may not vary more than 10 percent above or below the determined rate. (F) Measurement. Slurry seal will be measured by the square yard. The quantity of slurry seal to be paid will be based on a spread rate for weight of the dry aggregate of 12 pounds per square yard and the asphalt emulsion added at 17 percent of the dry aggregate spread rate. (G) Payment. The contract price paid per square yard for Slurry Seal shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing the slurry seal, complete in place, including cleaning the surface, mixing water with asphaltic emulsion for coating pavement, and protecting the seal until it has set, all as shown on the plans, and as specified in these specifications and the special provisions, and as directed by the Engineer. 13-07 Slurry Seal (TYPE II). The slurry seal on streets and facilities, shall be furnished and applied in accordance with the provisions for description, materials, proportioning, mixing, spreading equipment and Page 96 of 281 SLURRY SEAL OF LOCAL STREETS 41 Spec NO. 22-01 placing of slurry seal, Section 37-3 of the California Standard Specifications and these Specifications. (H) Aggregate. Aggregate for Slurry Seal shall conform to the percentage composition by dry weight of the aggregate to the following graduation: (I) GRADATION – TYPE II SLURRY SIEVE SIZE PERCENTAGE PASSING 3/8 “ 100 No. 4 94 - 100 No. 8 65 - 90 No. 16 40 - 70 No. 30 25 - 50 No. 200 5 - 15 The aggregate shall also conform to the following quality requirements: TEST CALIFORNIA TEST REQUIREMENTS Sand Equivalent 217 55 Minimum Durability Index 229 55 Minimum (J) Asphaltic Emulsion. Asphaltic emulsion shall be a quick setting type Grade QS1h anionic or Grade CQS1h cationic as specified in the standard specifications. (K) Water. Water shall be such quality that the asphalt will not separate from the emulsion before the slurry seal is in place in the work. (L) Proportioning. Asphaltic emulsion shall be added at a rate of 17 percent by weight of the dry aggregate. If necessary for workability, a retarding agent, that will not adversely affect the seal, may be used. Water and retarder if used, shall be the minimum amount necessary to ensure proper workability but shall not exceed 20 percent, by volume, of asphalt emulsion used or adding 3 percent, by volume, to the aggregate / asphalt emulsion mixture, and (c) Will permit uncontrolled traffic on the slurry seal no more than 3 hours after placement without the occurrence of bleeding, raveling, separation or other distress; and (d) Will prevent development of bleeding, raveling, separation or other distress within 7 days after placing the slurry seal. Unless otherwise specified in the special provisions or by the Engineer, slurry seal shall be spread at a rate of 12 pounds of dry aggregate per square yard. The spread rate may not vary more than 10 percent above or below the determined rate. (M) Measurement. Slurry seal will be measured by the square yard. The quantity of slurry seal to be paid will be based on a spread rate for weight of the dry aggregate of 12 pounds per square yard and the asphalt emulsion added at 17 percent of the dry aggregate spread rate. (N) Payment. The contract price paid per square yard for Slurry Seal shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing the slurry seal, complete in place, including cleaning the surface, mixing water with asphaltic emulsion for coating pavement, and protecting the seal until it has set, all as shown on the plans, and as specified in these specifications and the special provisions, and as directed by the Engineer. 13-08. General - Slurry Seal. The Slurry Seal to be constructed under this contract shall be placed over a subgrade consisting of an existing asphalt concrete pavement, as herein required. Slurry Seal Contractor will perform all necessary street sweeping of the surface upon which the slurry seal is to be applied. The Contractor shall furnish a project schedule to the Engineer, prior to the start of any work and start work as Page 97 of 281 SLURRY SEAL OF LOCAL STREETS 42 Spec NO. 22-01 scheduled upon approval of the Engineer. The Contractor shall attend a pre-construction conference as scheduled by the City representatives. 13-09. Traffic Striping. This work shall consist of applying painted and thermoplastic traffic stripes (traffic lines) and pavement markings at the locations and in conformance with the details shown on the plans or designated by the Engineer, and as specified in these specifications and the special provisions. The kind of material, paint or thermoplastic, to be applied will be designated in the contract item, specified in the special provisions, or shown on the plans. For the purposes of this Section, traffic stripes (traffic lines) are defined as longitudinal centerlines and lane lines which separate traffic lanes in the same or opposing direction of travel, and longitudinal edge lines which mark the edge of the traveled way or the edge of the lanes at gore areas separating traffic at exit and entrance ramps. Pavement markings are defined as transverse markings which include, but are not limited to, word and symbol markings, limit lines (stop lines), crosswalk lines, shoulder markings, parking stall markings and railroad grade crossing markings. Control of Alignment and Layout. All work necessary to establish satisfactory alignment for stripes and all layout work required for pavement markings shall be performed by the Contractor with any device or method that will not damage the pavement nor conflict with other traffic control devices. Tolerances and Appearance. Traffic stripes and pavement markings shall conform to the dimensions and details shown on the plans. Completed traffic stripes shall have clean and well-defined edges without running or deformation, shall be uniform, shall be straight on tangent alignment and shall be on a true arc on curved alignment. The widths of completed traffic stripes shall not deviate more than 1/4 inch on tangent nor more than 1/2 inch on curves from the widths shown on the plans. Broken traffic stripes shall also conform to the following requirements: A. The lengths of the gaps and individual stripes that form broken traffic stripes shall not deviate more than 2 inches from the lengths shown on the plans. B. The lengths of the gaps and individual stripes shall be of such uniformity throughout the entire length of each broken traffic stripe that a normal striping machine will be able to repeat the pattern and superimpose additional stripes upon the traffic stripe being applied. The completed pavement markings shall have clean and well-defined edges without running or deformation and shall conform to the dimensions shown on the plans, except that minor variations may be accepted by the Engineer. Drips, overspray, improper markings and paint and thermoplastic material tracked by traffic shall be immediately removed from the pavement surface by methods approved by the Engineer. All this removal work shall be at the Contractor's expense. Protection from Damage. The Contractor shall take special care to protect existing reflective pavement markers and shall, at the Contractor's expense, replace all coated markers. Newly placed traffic stripes and pavement markings shall be protected from damage by public traffic or other causes until the paint is thoroughly dry or the thermoplastic material has sufficiently hardened. 13-10. Removal of Stripes and Markings. Sandblasting of traffic stripes shall not be permitted. Removal of traffic stripes shall be by grinding, or by other methods approved in writing by the Engineer. Drain inlets adjacent to areas to be ground shall be protected from grindings entering the storm drain system. For removal of pavement markings, a rectangular area shall be ground to prevent ghosting of the original marking and be covered with rectangular area of Type II slurry. Conflicting striping shall be removed completely. Type II slurry of conflicting striping is required when it crosses the new traveled lane. When this occurs, the entire lane shall be slurried from lane line to lane line over the entire length of the conflicting striping. This requirement will not apply to ceramic markers unless specified on the plans. Page 98 of 281 SLURRY SEAL OF LOCAL STREETS 43 Spec NO. 22-01 13-11. Thermoplastic Pavement Markings. This work shall consist of furnishing and applying thermoplastic pavement markings, including glass beads in accordance with Section 84-2 “Thermoplastic Traffic Stripes and Pavement Markings” and these Special Provisions. Measurement. Thermoplastic pavement markings are a lump sum item. Payment. The lump sum contract price paid for thermoplastic traffic markings of the widths and patterns designated in the project plans and as specified herein, shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing existing thermoplastic traffic markings, applying thermoplastic traffic markings, complete in place, including establishing alignment for markings, as shown on the plans, as specified in these specifications and the Special Provisions, and as directed by the Engineer. 13-12. Pavement Markings. Pavement markings which include crosswalks, parking stalls, ADA markings, STOP bars, and “STOP” markings shall be painted and shall have glass beads applied as per the plans in accordance with Section 84, “Traffic Stripes and Pavement Markings” of the Standard Specifications except as provided herein, the Standard Plans, and these Special Provisions. Contractor shall reference all existing pavement markings prior to any slurry seal taking place on those streets that have pavement markings. All pavement crosswalks and markings shall be applied in thermoplastic unless otherwise noted. Measurement. Painting pavement markings are a lump sum item. Payment. The lump sum contract price paid for painted traffic markings of the widths and patterns designated in the project plans and as specified herein for painted pavement markings, shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in painting pavement markings(regardless of the number, widths and patterns of individual markings involved at each location) including removal of existing painted traffic markings, establishing alignment for markings, complete in place, as shown on the plans, as specified in these specifications and the Special Provisions, and as directed by the Engineer. 13-13. Pavement Markers. All pavement markers are reflective pavement markers shall be installed as described in the following respective sections. Measurement. Placing reflective and non-reflective pavement markers are a lump sum item. Payment. The lump sum contract price paid per reflective and non-reflective pavement markers shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in placing pavement markers. 13-14. Reflective Pavement Markers (Blue). Blue raised reflective pavement markers shall be placed on streets to mark fire hydrants. Blue reflective pavement markers shall be placed 6 inches from the centerline stripe, or approximate center of the pavement where there is no centerline stripe, on the side nearest the fire hydrant. All pavement makers shall conform to the provisions in Section 85 of the California Standard Specifications. Pavement Adhesive used to install pavement markers shall conform to the requirements of Section 85 of the California Standard Specifications SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS 14-01. Provisions to be excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions: (1) Section 6-02. Office at the Site Page 99 of 281 SLURRY SEAL OF LOCAL STREETS 44 Spec NO. 22-01 (2) Section 7-03. Surveys No other exclusions. SECTION 15. AMENDMENTS TO GENERAL CONDITIONS 15-01. Sections of General Conditions to be Amended. The following designated sections of the Special Provisions0+are hereby amended to read as follows: No amendments. Page 100 of 281 SLURRY SEAL OF LOCAL STREETS 45 Spec NO. 22-01 BID SUBMITTAL CHECKLIST The following is a checklist to assist you in your submission of your bid documents. Please make sure you include the following when submitting your bid documents to reduce the risk of having your bid rejected: Did you include?... o Proposal (Page 35)  Unit prices filled out clearly.  Extended prices filled out clearly and calculated correctly  Total bid amount filled out clearly and calculated correctly  Sign the proposal, and provide complete information  CLSB No. and expiration date  Department of Industrial Relations Public Works Contractor Registration Number o Fair Employment Practices Certification (Page 37)  Filled out completely per instruction o Worker’s Compensation Certificate (Page 38)  Filled out completely per instruction o Certification of Non-Discrimination in Employment (Page 39)  Filled out completely per instruction o List of Proposed Subcontractors (Page 40)  Filled out completely per instruction o Statement of Experience (Page 41) o Signature of Bidder (Page 42)  Filled out completely per instruction  Authorized signature provided o Bidder’s Bond (Page 43)  Filled out completely per instruction o Non-Collusion Affidavit (Page 44)  Filled out completely per instruction  Notarized o Addenda Issued  Signed and Returned Page 101 of 281 SLURRY SEAL OF LOCAL STREETS 46 Spec NO. 22-01 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR SLURRY SEAL OF LOCAL STREETS Specification No.20-01 The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) That he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained a) To provide all necessary machinery, tools, apparatus and other means of construction; b) To furnish all materials; c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conform ity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) To pay all charges of freight transportation and hauling; 2) That he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and 3) That he or she will accept as full payment therefor the following sum BIDDING SCHEDULE In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following: 1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price; 2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Page 102 of 281 SLURRY SEAL OF LOCAL STREETS 47 Spec NO. 22-01 The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder. The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated. Lowest bid will be based on the lowest Base Bid. NAME OF BIDDER: SPEC #: 22-01 PROJECT NAME: SLURRY SEAL OF LOCAL STREETS ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE 1 Traffic Control 1 LS $____________ $_________________________ 2 Slurry Seal 123,082 SY $____________ $_________________________ 3 Solid Yellow 4" Traffic Stripe 1549 LF $____________ $_________________________ 4 Solid White 4” Traffic Stripe 48 LF $____________ $_________________________ 5 Solid Double Yellow 4" Traffic Stripe 688 LF $____________ $_________________________ 6 Broken Yellow 4" Traffic Stripe 13,263 LF $____________ $_________________________ 7 Solid White 8” Stripe 164 LF $____________ $_________________________ 8 Thermoplastic White Crosswalk 1,972 LF $____________ $_________________________ 9 Thermoplastic Yellow Crosswalk 1,290 LF $____________ $_________________________ 10 Thermoplastic Ladder Crosswalk 5,422 SF $____________ $_________________________ 11 Thermoplastic Stop Bar 788 LF $____________ $_________________________ 12 Thermoplastic Pavement Markings 1 LS $____________ $_________________________ Page 103 of 281 SLURRY SEAL OF LOCAL STREETS 48 Spec NO. 22-01 13 Pavement Markings 1 LS $____________ $_________________________ 14 Pavement Markers 1 LS $____________ $_________________________ We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of ___________________, 20____. Licensed in accordance with an act providing for the registration of California Contractors License No. ___________, expiration date _____________. THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Department of Industrial Relations Public Works Contractor Registration Number: _____________________ Signature of bidder or bidders, with business name, address, phone number and fax number: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ FAIR EMPLOYMENT PRACTICES CERTIFICATION TO: _____________________________________________________________ ________________________________________________________________ Page 104 of 281 SLURRY SEAL OF LOCAL STREETS 49 Spec NO. 22-01 The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. SLURRY SEAL OF LOCAL STREETS ________________________________________________________________ (Signature of Bidder) Business Mailing Address: _________________________________________________ _________________________________________________ _________________________________________________ Business Location: _________________________________________________ _________________________________________________ (The bidder shall execute the certification of this page prior to submitting his or her proposal.) WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this________ day of _______________, 200____ Signature of Bidder, with Business Address: __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ Page 105 of 281 SLURRY SEAL OF LOCAL STREETS 50 Spec NO. 22-01 CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: __________________________________________________ Date_____________ __________________________________________________ __________________________________________________ __________________________________________________ (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) Page 106 of 281 SLURRY SEAL OF LOCAL STREETS 51 Spec NO. 22-01 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number. SUBCONTRACTOR NAME SUBCONTRACTOR LICENSE NUMBER SUBCONTRACTOR DIR REGISTRATION NUMBER SUBCONTRACTOR BUSINESS ADDRESS DESCRIPTION OF WORK Page 107 of 281 SLURRY SEAL OF LOCAL STREETS 52 Spec NO. 22-01 STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Page 108 of 281 SLURRY SEAL OF LOCAL STREETS 53 Spec NO. 22-01 SIGNATURE(S) OF BIDDER Accompanying this proposal is ___________________________________ (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Licensed in accordance with an act providing for the registration of Contractors: License No. ______________________________, License Expiration Date . Signature(s) of Bidder: ______________________________________________ ______________________________________________ ______________________________________________ NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: ___________________________________________________ ___________________________________________________ Place of residence: ___________________________________________________ ___________________________________________________ Dated: __________________ Page 109 of 281 SLURRY SEAL OF LOCAL STREETS 54 Spec NO. 22-01 CITY OF UKIAH Mendocino County, California BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, ______________________________________________________________ ________________________________________________________________, as PRINCIPAL and ________________________________________________________________ ________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $____________________ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on XXXXXXX for SLURRY SEAL OF LOCAL STREETS. NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 20_____. __________________________________________________ (Seal) __________________________________________________ (Seal) __________________________________________________ (Seal) Principal __________________________________________________ (Seal) __________________________________________________ (Seal) __________________________________________________ (Seal) Surety Address: __________________________________________________________ __________________________________________________________ __________________________________________________________ Page 110 of 281 SLURRY SEAL OF LOCAL STREETS 55 Spec NO. 22-01 NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing SLURRY SEAL OF LOCAL STREETS by contract, being duly sworn, deposes and says: That he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. __________________________________________________ __________________________________________________ __________________________________________________ Signature(s) of Bidder Business Address: __________________________________________________ __________________________________________________ __________________________________________________ Place of Residence: __________________________________________________ __________________________________________________ __________________________________________________ NOTARIZATION Subscribed and sworn to before me this ______ day of _________, 20____. __________________________________________________ Notary Public in and for the County of______________________________, State of California. My Commission Expires ________________________ Page 111 of 281 SLURRY SEAL OF LOCAL STREETS 56 Spec NO. 22-01 CITY OF UKIAH Mendocino County, California AGREEMENT FOR SLURRY SEAL OF LOCAL STREETS SPECIFICATION NO. 22-01 THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within fifteen (15) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer Page 112 of 281 SLURRY SEAL OF LOCAL STREETS 57 Spec NO. 22-01 Article II. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor Page 113 of 281 SLURRY SEAL OF LOCAL STREETS 58 Spec NO. 22-01 has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. Page 114 of 281 SLURRY SEAL OF LOCAL STREETS 59 Spec NO. 22-01 (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this _____ day of _____________, 20____. CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: ______________________________________________________________ CITY MANAGER, CITY OF UKIAH Attest: ______________________________________________________________ CITY CLERK, CITY OF UKIAH By: ______________________________________________________________ CONTRACTOR Attest: ______________________________________________________________ Title: ______________________________________________________________ The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____. __________________________________________________ CITY ATTORNEY, CITY OF UKIAH Page 115 of 281 SLURRY SEAL OF LOCAL STREETS 60 Spec NO. 22-01 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor). Contractor is _________________________________________________________________________________ ___________________________________________ for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor’s negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTOR BY: _______________________________________________ TITLE: _______________________________________________ Page 116 of 281 SLURRY SEAL OF LOCAL STREETS 61 Spec NO. 22-01 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, ______________________________________________________________ __________________________________________________________________________________, AS PRINCIPAL, and __________________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City”, in the penal sum of dollars ($____________________) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated __________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________, 20_______. In the presence of: WITNESS: _________________________________ ________________________________ (SEAL) (Individual Principal) ___________________________________ (Business Address) ___________________________________ Page 117 of 281 SLURRY SEAL OF LOCAL STREETS 62 Spec NO. 22-01 (City/State/Zip Code) WITNESS: ____________________________________ ______________________________ (SEAL) (Corporate Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ________________________________ (Corporate Principal) Affix Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ____________________________ ________________________________ Affix (Corporate Surety) Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) The rate of premium on this bond is $___________________________ per thousand. The total amount of premium charges is $____________________________... (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). Page 118 of 281 SLURRY SEAL OF LOCAL STREETS 63 Spec NO. 22-01 (CERTIFICATE AS TO CORPORATE PRINCIPAL) I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. ____________________________________________ Affix Corporate Seal Page 119 of 281 SLURRY SEAL OF LOCAL STREETS 64 Spec NO. 22-01 CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, ______________________________________________________ __________________________________________________________________________, AS PRINCIPAL, and __________________________________________________________________________ __________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City” in the penal sum of dollars ($____________________) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated _________________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________, 20_______. In the presence of: WITNESS: ____________________________________ ________________________________ (SEAL) (Individual Principal) ___________________________________ (Business Address) Page 120 of 281 SLURRY SEAL OF LOCAL STREETS 65 Spec NO. 22-01 ___________________________________ (City/State/Zip Code) WITNESS: ____________________________________ ______________________________ (SEAL) (Corporate Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ________________________________ (Corporate Principal) Affix Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ____________________________ ________________________________ Affix (Corporate Surety) Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) The rate of premium on this bond is $___________________________ per thousand. The total amount of premium charges is $____________________________... (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. Page 121 of 281 SLURRY SEAL OF LOCAL STREETS 66 Spec NO. 22-01 ____________________________________________ Affix Corporate Seal DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND 1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable. 2. The name of the Principal shall be shown exactly as it appears in the Contract. 3. The penal sum shall not be less than required by the Specifications. 4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence. 5. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name. 6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies. 7. The current power-of-attorney of the person signing for the surety company must be attached to the bond. 8. The date of the bond must not be prior to the date of the Contract. 9. The following information must be placed on the bond by the surety company: a. The rate of premium in dollars per thousand; and b. The total dollar amount of premium charged. 10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond. 11. Type or print the name underneath each signature appearing on the bond. 12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing. Page 122 of 281 SLURRY SEAL OF LOCAL STREETS 67 Spec NO. 22-01 CITY OF UKIAH Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND KNOW ALL MEN BY THESE PRESENTS, That we, _____________________________________________________________________ __________________________________________________________________, as PRINCIPAL and__________________________________________________________________________ ___________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of ___________________________________________________________________________________ _________________________________________________________($____________________), (5 PERCENT OF THE FINAL CONTRACT AMOUNT) to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the City of Ukiah dated_________________________ for _________________________________________________________________________________ ____________________________________________________________________________________ WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________, _________, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee. Signed, sealed, and dated this __________ day of ____________, 20_____. __________________________________________________ (Seal) BY :_______________________________________________( Seal) __________________________________________________ (Seal) Principal __________________________________________________ (Seal) BY :_______________________________________________( Seal) __________________________________________________ (Seal) Surety Page 123 of 281 Page 1 of 2 Agenda Item No: 7.f. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1518 AGENDA SUMMARY REPORT SUBJECT: Report of Final Cost for the Emergency Diagnosis and Repair of a Leak at Pressure Zone 1 South, and Approve Corresponding Budget Amendment in the Amount of $32,340.47 Using Water Reserve Funds. DEPARTMENT: Water Resources PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works/City Engineer ATTACHMENTS: 1. PZ1MarchDEWRSInvoice 2. Additional Invoices Summary: Council will receive report of additional expenses for the emergency purchase of contracted services and materials for the repair of a leak at Pressure Zone 1 South (PZ1S) in the amount of $32,340.47 and consider approving a corresponding budget amendment. Background: Council heard a report and approved a budget amendment in the amount of $329,932 during the regular meeting of March 16, 2022, for the repair of a leak at PZ1S. This work was performed by the contractor CV Larsen who has recently completed the tank installation and site improvements at the Pressure Zone 2 South location. Discussion: Since that meeting, the contractor has submitted their final invoice in the amount of $26,988.49 (Attachment 1). This work was for the final cleaning, preparation and filling of the tank. This final invoice brings CV Larsen's work to the total of $352,305.49. In addition, City staff purchased materials used in the repair of the leak from PACE Supply and Daniel Steel in the amount of $5,473.98 (Attachment 2). These expenses and previously purchased materials resulted in a project total of $362,272.47 for the repair of the leak. Staff is requesting a budget amendment in the amount of $32,340.47 for these final expenses. Note: Staff has filed a claim with the City’s insurance provider. Recommended Action: Receive a report of the emergency purchase for the diagnosis and repair of a leak at the Pressure Zone 1 South Tank, and approve corresponding budget amendment in the amount of $32,340.47 using Water Reserve Funds. BUDGET AMENDMENT REQUIRED: YES CURRENT BUDGET AMOUNT: 82227113.80230.18304: $329,932 PROPOSED BUDGET AMOUNT: 82227113.80230.18304: $362,272.47 FINANCING SOURCE: Water Reserve Funds PREVIOUS CONTRACT/PURCHASE ORDER NO.: 47705 COORDINATED WITH: Tim Eriksen, Director of Public Works and Jason Benson, Senior Engineer Page 124 of 281 Page 2 of 2 Page 125 of 281 ATTACHMENT 1 Page 126 of 281 1846 Ludwig Ave Santa Rosa CA 95407-6413 (707) 526-3750 Ofc (707) 571-8481 Fax www.cvlarsen.com 2 March 2022 Jason Benson, P.E. Senior Engineer City of Ukiah Re: PZ1S Emergency Repairs PO 47705-01 Jason: Today the Supervising Water Treatment Plant Operator requested that our crew remove the organic material from the walls of the reservoir on an as-directed basis, working with treatment plant personnel. Additionally, a plan for filling the reservoir was discussed and we were directed to use a 4 ” pump and revise our drain manifold to be used as a fill manifold. It was discussed and agreed this work would be performed on a time and materials basis. Thank you, Shauna Larsen for; Chris Larsen C.V. Larsen Co. Page 127 of 281 Page 128 of 281 Page 129 of 281 Page 130 of 281 Page 131 of 281 Page 132 of 281 Page 133 of 281 Page 134 of 281 Page 135 of 281 Page 136 of 281 Page 137 of 281 Page 138 of 281 Page 139 of 281 ATTACHMENT 2 Page 140 of 281 Page 141 of 281 Page 142 of 281 Page 143 of 281 Page 144 of 281 Page 1 of 1 Agenda Item No: 7.g. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1524 AGENDA SUMMARY REPORT SUBJECT: Notification of Purchase of AVEVA Flex License Software from E&M Electric & Machinery Laboratories, Inc. in the Amount of $21,400 for Use at the Ukiah Water Treatment Plant. DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Sean White, Water Resources Director ATTACHMENTS: 1. AVEVA Quote 2. 00047819 Summary: Council will receive a notification of the purchase of AVEVA Flex License Software in the amount of $21,400 from E&M Electric & Machinery Background: Currently, on-call Staff are notified of water system errors via a cell-based alarm system. While the alarm is indicative of a problem, Staff is not able to determine the nature, or severity of the problem until reviewing the SCADA system located at the Water Treatment Plant. Discussion: Purchasing Aveva will allow City Staff to have remote access to the Water Treatment Plant's SCADA system. This will provide a significant improvement in the information available to on-call Staff. Instead of simple alarms, Staff will be able to log in remotely and assess the nature and severity of the alarm. Attachment 1 is a copy of the quote; Attachment 2 is a copy of the Purchase Order. Recommended Action: Receive notification of purchase of AVEVA Flex License Software in the amount of $21,400.00 BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: 82027110.52100: $21,400.00 PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: 47819 COORDINATED WITH: Sean White, Director of Water & Sewer and Michelle Waganet, WTP Supervisor Page 145 of 281 ATTACHMENT 1 Page 146 of 281 Page 147 of 281 Page 148 of 281 Page 149 of 281 Page 150 of 281 Page 151 of 281 Purchase Order Purchase Order # THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. Fiscal Year Date OrderedVendor Phone Number Date RequiredVendor Fax Number Buyer Page of Delivery must be made within doors of specified destination. Item#Description/Part No.Unit Price Extended PriceUOMQty ByBy Purchasing Supervisor PO TotalVENDOR COPY BILL TO V E N D O R SHIP TO CITY OF UKIAHATTN: ACCOUNTS PAYABLE300 SEMINARY AVENUEUKIAH, CA 95482 Freight Method/TermsDelivery Reference Department/Location Sales Tax Rate 2022 1 1 47819-00 E&M ELECTRIC & MACHINERY, INC126 MILL STHEALDSBURG CA 95448 CITY OF UKIAH - WTP935 RIVER ROADUKIAH CA 95482 03/28/2022 03/31/2022Mary Williamson 0.000N/A - NET 30 WATER PRODUCTIONWTP / SHELLY $21,400.00 1 1.0 EACH $21,400.000 $21,400.00AVEVA FLEX SYSTEM PLATFORM + INSIGHT 1 YEAR SUBSCRIPTION REQ #E39556 PER AVEVA SELECT QUOTE #279964.1 ATTACHMENT 2 Page 152 of 281 1 GENERALLY.These Terms and Conditions ofSale(“Terms and Conditions”)apply to all purchases byCityofUkiah.(Referred to as “Buyer”).The supplier ofgoodsandservicesunderthistransactionishereinreferredtoas“Seller”.The goods or service purchasedare referred to as the “Purchase.” 2.TERMS EXCLUSIVE.Buyer will order the goodsorservicesdescribedhereinonlyuponthetermsandconditionscontainedherein.Seller’s acceptance of thisordershalloccureitherthroughcommencementofperformanceunderthisorderoracknowledgmentofthisorder.By accepting this order,Seller waives all terms andconditionscontainedinitsquotation,acknowledgment,invoice or other documents which are different from oradditionaltothosecontainedhereinandallsuchdifferentoradditionaltermsandconditionsshallbenullandvoid.SELLER MAY NOT CHANGE MATERIAL OFMANUFACTURE,SOURCES OF SUPPLY,MANUFACTURING PROCESS OR LOCATION WITHOUTTHE PRIOR WRITTEN CONSENT OF BUYER. 3.INSPECTION.All goods shall be received subjecttoBuyer’s inspection and rejection.Defective goods andgoodsotherwisenotconformingtothisordershallbeheldforSeller’s instruction and at Seller’s risk,and if Seller sodirects,shall be returned at Seller’s expense.No defectivegoodsshallbereplacedwithoutanewpurchaseorder.Payment by Buyer shall not be construed as anacceptanceofgoods.Buyer may return to Seller anynon-defective,excess goods within thirty (30)days ofreceiving them. 4.CHANGES.City may make changes within thegeneralscopeofthisorderindrawingsandspecificationsforspeciallymanufacturedsupplies,place of delivery,method of shipment or packing of the order by givingnoticetoSellerandsubsequentlyconfirmingsuchchangesinwriting.If such changes affect the cost of or the timerequiredforperformanceofthisorder,an equitableadjustmentinthepriceordeliveryorbothmustbemade.No change by Seller is allowed without City’s writtenapproval.Any claim by Seller for an adjustment under thissectionmustbemadeinwritingwithinthirty(30)days fromthedateofreceiptbySellerofnotificationofsuchchangeunlessCitywaivesthisconditioninwriting.Nothing in thissectionexcusesSellerfromproceedingwithperformanceof the order as changed. 5.TERMINATION.City may terminate this order atanytime,either verbally or in writing,with or without cause.Should termination occur,City will pay Seller as fullperformanceuntilsuchterminationtheunitorprorataorderpricefortheperformedandacceptedportionofthePurchase.City may provide written notice of terminationforSeller’s default if Seller refuses or fails to comply withthisorder.If Seller does not cure such failure within areasonabletimeperiod,or fails to perform the Purchasewithinthetimespecified(or allowed by extension),Sellerwill be liable to City for any excess costs incurred by City. 6.TIME EXTENSION.Time is of the essence Citymayextendthetimeforcompletionif,in City’s soledetermination,Seller was delayed because of causesbeyondSeller’s control and without Seller’s fault ornegligence.In the event delay was caused by City,Seller’s sole remedy is limited to recovering money actuallyandnecessarilyexpendedbySellerbecauseofthedelay;there is no right to recover anticipated profit. 7.REMEDIES CUMULATIVE.City’s rights andremediesunderthisorderarenotexclusiveandareinaddition to any rights and remedies provided by law. 8.TITLE.Title to materials and supplies purchasedunderthisorderpassdirectlyfromSellertoCityuponCity’s written acceptance following an actual inspectionand City’s opportunity to reject. 9.PAYMENT.City will pay Seller after receivingacceptableinvoicesformaterialsandsuppliesdeliveredandacceptedorservicesrenderedandaccepted.City willnotpaycartage,shipping,packaging or boxing expensesunless specified in this order. 10.INDEMNIFICATION.Seller agrees to indemnifyandholdharmlessfromandagainstanyclaim,action,damages,costs (including,without limitation,attorney’sfees),injuries,or liability,arising out of the Purchase or theorder,or their performance.Should City be named in anysuit,or should any claim be brought against it by suit orotherwise,whether the same be groundless or not,arisingoutofthePurchaseororder,or their performance,SellerwilldefendCity(at City’s request and with counselsatisfactorytoCity)and indemnify City for any judgmentrenderedagainstitoranysumspaidoutinsettlementorotherwise.For purposes of this section “City”includesCity’s officers,elected officials,and employees.Thisparagraph9willsurviveterminationofthisorder.TherequirementsastothetypesandlimitsofinsurancecoveragetobemaintainedbySeller,and any approval ofsuchinsurancebyCity,are not intended to and will not inanymannerlimitorqualifytheliabilitiesandobligationsotherwiseassumedbySellerpursuanttothisorder,including,without limitation,to the provisions concerningindemnification. 11.WARRANTY.Seller agrees that the Purchase iscoveredbythemostfavorablecommercialwarrantiestheSellergivestoanycustomerforthesameorsubstantiallysimilarsuppliesorservices,or such other more favorablewarrantiesasisspecifiedinthisorder.Warranties will beeffectivenotwithstandinganyinspectionoracceptanceofthe Purchase by City. 12.ASSIGNMENT.City may assign this order.Except as to any payment due under this order,Seller maynotassignorsubcontracttheorderwithoutCity’s writtenapproval.Should City give consent,it will not relieve Sellerfromanyobligationsunderthisorderandanytransfereeorsubcontractor will be considered Seller’s agent. 13.INSURANCE.Seller must provide the insuranceindicated on the face sheet of this order. 14.PERMITS.Seller must procure all necessarypermitsandlicenses,and abide by all federal,state,andlocal laws, for performing this order. 15.INDEPENDENT CONTRACTOR.City and SelleragreethatSellerwillactasanindependentcontractorandwillhavecontrolofallworkandthemannerinwhichitisperformed.Seller will be free to contract for similar servicetobeperformedforotheremployerswhileundercontractwithCity.Seller is not an agent or employee of City and isnotentitledtoparticipateinanypensionplan,insurance,bonus or similar benefits City provides for its employees.Any provision in this order that may appear to give City therighttodirectSellerastothedetailsofdoingtheworkortoexerciseameasureofcontrolovertheworkmeanstheSellerwillfollowthedirectionoftheCityastoendresultsof the work only. 16.WAIVER.City’s review or acceptance of,orpaymentfor,work product prepared by Seller under thisorderwillnotbeconstruedtooperateasawaiverofanyrightsCitymayhaveunderthisAgreementorofanycauseofactionarisingfromSeller’s performance.A waiver byCityofanybreachofanyterm,covenant,or conditioncontainedinthisorderwillnotbedeemedtobeawaiverofanysubsequentbreachofthesameoranyotherterm,covenant,or condition contained in this order,whether ofthe same or different character. 17.INTERPRETATION.This Agreement was draftedin,and will be construed in accordance with the laws of theStateofCalifornia,and exclusive venue for any actioninvolving this agreement will be in Mendocino County. Page 153 of 281 Page 1 of 2 Agenda Item No: 7.h. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1525 AGENDA SUMMARY REPORT SUBJECT: Adoption of Resolution Approving a Successor Memorandum of Understanding Between the City of Ukiah and the Ukiah Professional Fire Association Local 3686, and Authorizing the City Manager to Execute. DEPARTMENT: Human Resources / Risk Management PREPARED BY: Sheri Mannion, H.R. Director/Risk Manager PRESENTER: Sheri Mannion, Human Resources Director/Risk Manager ATTACHMENTS: 1. UPFA Memorandum of Understanding 2022-2025 2. Resolution Summary: Council will consider adopting a Resolution for a successor Memorandum of Understanding (MOU) between the City of Ukiah and the Ukiah Professional Fire Association Local 3686 (UPFA), and authorizing the City Manager to execute on behalf of the City. Background: The Myers-Milias Brown Act (MMBA) is the law in California that establishes mandatory rights and duties by which all local agencies must abide with regard to labor relations. Within the requirements of MMBA, the City's negotiator, the City Manager, receives authority from the City Council on matters within the scope of representation, and then proceeds to meet and confer with bargaining units. Additionally, as part of the overall routine maintenance of the classification and compensation schedules for the City of Ukiah, the Human Resources Department is responsible for evaluating classifications and benefits, developing new classifications (including appropriate salary levels), examining salary grade adjustments, and making recommendations for additions, modifications, and corrections. Recognizing the importance of remaining competitive in the labor market and the continued efforts and support from all City team members during the pandemic, the City Council authorized the City Manager to begin negotiations with bargaining units prior to the expiration dates of the current MOU's. Discussion: The current MOU between the City of Ukiah and UPFA is set to expire on September 18, 2022. The City's negotiating team, including the Fire Chief, have been meeting regularly and working collaboratively with UPFA in review of current market conditions related to salaries and benefits. After multiple meetings, the negotiating parties reached a tentative agreement on March 8, 2022. The proposed MOU (Attachment 1) is for the term of April 1, 2022 through September 18, 2025, and contains salary increases and benefit changes that will allow the City to remain competitive with the median market over the course of the contract. The City received notice that UPFA ratified the MOU on March 27, 2022, at a level consistent with City Council's provided authorization. There is no fiscal impact in 2021/2022 due to ongoing vacancies in the department. Staff recommends that the Council adopt a Resolution (Attachment 2) approving the successor MOU and authorizing the City Manager to execute on the City's behalf. Page 154 of 281 Page 2 of 2 Recommended Action: Adopt a Resolution approving a successor Memorandum of Understanding between the City of Ukiah and the Ukiah Professional Fire Association, Local 3686, approve the corresponding budget amendment, and authorizing the City Manager to execute on behalf of the City. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Page 155 of 281 Page 1 of 6 MEMORANDUM OF UNDERSTANDING Between The City of Ukiah And Ukiah Professional Firefighters Association, Local 3686 This Memorandum of Understanding (“MOU”) is entered into by and between the City of Ukiah (“City”) and the Ukiah Professional Firefighters Association, Local 3686 (“Association”) (collectively referred to as “Parties”). Having met and conferred in accordance with Government Code section 3500, et. seq., the City and the Association agree to the following understandings: 1. Recognition The City recognizes the Association, which is acknowledged to be affiliated with the Ukiah Professional Firefighters Association, Local 3686, as exclusive representative for the purposes of establishing wages, hours, and other terms and condition of employment for all full-time employees in the classifications listed below and to any other classification, which may be established within the scope of the duties now included with these classifications: Ambulance Operator/EMT Ambulance Operator/Paramedic Firefighter Driver Operator Fire Captain Fire Marshal Fire Battalion Chief 2. Term The term of this MOU shall be from April 1, 2022 through September 18, 2025. 3. Wages and Working Hours Effective with adoption of this MOU, the salaries of all employees covered under this MOU shall be stated in Appendix A, to include the addition of Fire Marshal, Ambulance Operator/EMT, and Ambulance Operator/Paramedic. The basis for these computations shall be as follows: 1. Hourly rates for 56-hour employees shall be calculated by dividing an employee’s annual salary by 2912. 2. Hourly rates for 40-hour employees shall be calculated by dividing the employee’s annual salary by 2080. 4. Fair Labor Standards Act (FLSA) Work Period 1. 24-Day Work Period Page 156 of 281 Page 2 of 6 Effective July 1, 2006, the City and Association elected a 182 hour/24-day extended work period, as authorized under Section 207(k) of the FLSA, for purposes of determining FLSA overtime. The salary provided to employees assigned to this schedule covers straight time pay for 192 hours each 24-day work period. Hours actually worked from 183-192 are paid an additional payment of 0.5 times the regular rate of pay and hours actually worked in excess of 192 are compensated at 1.5 times the regular rate of pay. i. Suppression personnel work a 48/96 hours schedule. 2. 7-Day Work Period Employees assigned to a 40 hour/7-day work period, in accordance with FLSA, are compensated overtime at 1.5 times the regular rate of pay for actual hours worked over 40 hours in a week. 5. Inclusion of Fire Marshal, Battalion Chief, and Ambulance Operator EMT/Paramedic Classifications For purposes of incorporating and defining the leave benefits associated with the newer classifications of Fire Marshal, Battalion Chief and Ambulance Operators, see Appendix B for a breakdown of benefit tiers for all recognized classifications. 6. Year 1 All provisions in Year 1, with the exception of the second salary increase, are effective the first full pay period in April 2022. 1. Salaries Effective the first full pay period in April 2022, employees will receive a salary increase to base salary as follows: Classification Adj. Firefighter & Ambulance Operator (EMT/Paramedic) 5.62% Driver Operator (formerly Fire Engineer) 5.55% Captain 5.78% Battalion Chief 4.26% Effective the first full pay period in September 2022, Ambulance Operators, Firefighters, Driver Operators, Captains, and Fire Marshal will receive a 5% salary increase to base salary. 2. Educational Incentive Pay The Educational Incentive provision will be replaced with the following: Page 157 of 281 Page 3 of 6 The City will pay compensation to employees for completing educational courses, certificates and degrees, which enhance their ability to do their job as follows: • An educational incentive premium of 2.5% will be paid to employees in the rank of Ambulance Operator, Firefighter, Driver Operator, Captain, or Fire Marshal who obtain an Associate’s degree or higher awarded by a community college, college, or university accredited by a national or regional accrediting body recognized by the United States Department of Education. • An educational incentive premium of 2.5% will be paid to employees in the rank of Battalion Chief who obtain a Bachelor’s degree or higher awarded by a community college, college, or university accredited by a national or regional accrediting body recognized by the United States Department of Education. The 2.5% and 2.5% educational incentives shall not be combined. The Parties agree that this educational incentive premium is special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. 3. Paramedic Premium Pay The Paramedic Stipend provision will be replaced with the following: Employees in the rank of Firefighter, Driver Operator, Captain, Fire Marshal or Battalion Chief who are licensed by the State of California as an EMT-P (paramedic) will receive an additional 10% of their base monthly salary as compensation. These employees may be assigned to act as paramedics and may augment the normal assignment on a fire apparatus. The parties agree that this paramedic premium is special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. 4. Special Assignment/Premium Pay i. Bilingual Premium The Bilingual Pay provision with be replaced with the following: The City will pay compensation to employees who are routinely and consistently assigned to positions requiring communication skills in Spanish and American Sign Language (ASL) as follows: Employees who are designated by the City as fluent in Spanish (includes ability to read and write) or ASL (includes ability to interpret complex conversations) shall receive an additional 5% of their base monthly salary as compensation for the additional responsibilities. Association members who are not fluent, but have been designated by the City as possessing the skill to converse in Spanish or ASL well enough to communicate during a basic call for service shall receive an additional 3% of base monthly salary as compensation for the additional responsibilities. The 5% pay and 3% pay shall not be Page 158 of 281 Page 4 of 6 combined and 5% is the maximum premium allowed for any combination of the recognized communication skills. The City may use a variety of techniques to test an employee’s proficiency in either language, and may require an employee to re-test on occasion. The Parties agree that this bilingual premium is special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. ii. Fire Instructor Premium The City will provide compensation to employees who obtain Fire Instructor certification as follows: • Fire Instructor II – Employees in the rank of Firefighter, Driver Operator, Captain, Fire Marshal or Battalion Chief who maintain Instructor II certification for at least 5 classes, as approved by the Chief, will receive 2.5% of their base monthly salary as compensation for additional responsibilities. Employees must qualify through an FTO type process determined by the Chief, and be available to instruct classes as assigned and scheduled by the department. • Fire Instructor III – Employees in the rank of Firefighter, Driver Operator, Captain, Fire Marshal or Battalion Chief who maintain Instructor II certification for at least 5 classes and Instructor Trainer certification for at least 3 classes, as approved by the Chief, will receive 5% of their base monthly salary as compensation for additional responsibilities. Employees must qualify through an FTO type process determined by the Chief, and be available to instruct classes as assigned and scheduled by the department. The 2.5% and 5% pay shall not be combined. The Parties agree that this Fire Instructor premium is special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. iii. Swiftwater Rescue Technician Premium Employees in the rank of Firefighter, Driver Operator, Captain, Fire Marshal or Battalion Chief, who maintain the core competencies and training to qualify as a Swiftwater Rescue Technician, shall receive an additional 1% of their base monthly salary as compensation. The Parties agree that this Swiftwater Rescue Technician premium is not special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. iv. Volunteer Coordinator Premium The City will pay a $100 per month premium to up to 1 person, assigned by the Chief, to coordinate the Volunteer Firefighter Program. The responsibilities include, coordinating interviews and intake of volunteer applicants, as well as scheduling physical examinations Page 159 of 281 Page 5 of 6 and livescans; issues, inspects, and tracks volunteer PPE; and tracks volunteer attendance records, drills, and calls. The Parties agree that this Volunteer Coordinator premium is not special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. 5. Uniform Allowance The Association agree to have the current Uniform Allowance provision removed from the MOU. A new Uniform Allowance provision is under development and will be negotiated outside of the MOU. 7. Year 2 Effective the first full pay period following September 19, 2023, all classification will receive a 2.5% salary increase to base salary. 8. Year 3 1. Salaries i. Effective the first full pay period following September 19, 2024, all classifications will receive a 3% salary increase to base salary, unless the local economic benchmark – consisting of total revenue collected for property tax, sales tax and transient occupancy tax – falls below the combined total for the past audited Fiscal Year of 2022/2023. Should the audited revenues fall below the benchmark, the increase will revert to the CPI calculation of the average of U.S. City and SF-Oakland-San Jose figures for April, to a maximum of 3%. In no case shall this result in a decrease in compensation. ii. Effective upon ratification of this MOU, the Battalion Chief classification will receive an additional 0.97% salary increase to base salary. 2. Special Assignment/Premium Pay i. Haz Mat Technician/Specialist Premium The Haz Mat Specialist Pay provision will be replaced with the following: Employees in the rank of Firefighter, Driver Operator, Captain, Fire Marshal or Battalion Chief who are assigned by the Chief and qualify as a Haz Mat Technician shall receive an additional 1% of their base monthly salary as compensation. Those assigned by the Chief and qualify as a Haz Mat Specialist shall receive an additional 2% of their base monthly salary as compensation. The 1% and 2% pay shall not be combined. Employees receiving this premium must complete 24 hours of specific hazardous materials training annually, and maintain at least 80% attendance at all regularly scheduled REHIT meetings and trainings; and be available for response/callback). Page 160 of 281 Page 6 of 6 The Parties agree that this Haz Mat premium is special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. ii. Fire Investigator Premium Employees in the rank of Firefighter, Driver Operator, Captain, or Battalion Chief who are formally assigned as a Fire Investigator by the Chief, shall receive a 2% premium when scheduled to work and as evidenced on employee’s authorized timecard. The Chief may authorize up to 2 employees per shift to receive the Fire Investigator premium. This premium applies to the Fire Marshall at all times. The Parties agree that this Fire Instructor premium is special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1. 9. Comprehensive Memorandum of Understanding The City and Association agree to continue to develop a comprehensive (single document) MOU incorporating all current and previous agreements currently applicable during the term of this contract. 10. Continuation The City and the Association agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this MOU, shall continue in effect and shall not be affected by the terms of this MOU. The value or availability of the benefits provided in the MOU as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to Association members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this MOU are limited to the direct cost of providing the salary and benefits as described in the MOU. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. This Memorandum of Understanding is ratified and adopted pursuant to the recommendations of the following representatives this 6th day of April 2022. CITY OF UKIAH UKIAH PROFESSIONAL FIREFIGHTERS ______________________________ _____________________________________ Sage Sangiacomo, City Manager Anthony Selvitella, President Page 161 of 281 Appendix A Page 1 of 3 Grade Classification Step 0 Step 1 Step 2 Step 3 Step 4 4063 Ambulance Operator/EMT Annual 55,706.52$ 58,491.84$ 61,416.48$ 64,487.28$ 67,711.68$ Monthly 4,642.21$ 4,874.32$ 5,118.04$ 5,373.94$ 5,642.64$ Hourly 19.13$ 20.09$ 21.09$ 22.15$ 23.25$ 4064 Firefighter/EMT Annual 58,638.37$ 61,570.32$ 64,648.80$ 67,881.24$ 71,275.32$ 4065 Ambulance Operator/Paramedic Monthly 4,886.53$ 5,130.86$ 5,387.40$ 5,656.77$ 5,939.61$ Hourly 20.14$ 21.14$ 22.20$ 23.31$ 24.48$ 4066 Driver Operator Annual 61,566.01$ 64,644.36$ 67,876.56$ 71,270.40$ 74,833.92$ Monthly 5,130.50$ 5,387.03$ 5,656.38$ 5,939.20$ 6,236.16$ Hourly 21.14$ 22.20$ 23.31$ 24.47$ 25.70$ 4069 Captain Annual 71,306.17$ 74,871.48$ 78,615.00$ 82,545.72$ 86,673.00$ Monthly 5,942.18$ 6,239.29$ 6,551.25$ 6,878.81$ 7,222.75$ Hourly 24.49$ 25.71$ 27.00$ 28.35$ 29.76$ 4260 Battalion Chief Annual 86,674.71$ 91,008.48$ 95,558.88$ 100,336.80$ 105,353.64$ Monthly 7,222.89$ 7,584.04$ 7,963.24$ 8,361.40$ 8,779.47$ Hourly 29.76$ 31.25$ 32.82$ 34.46$ 36.18$ Based upon a 2912 work schedule (56-hour work week) 4070 Fire Marshal Annual 71,306.17$ 74,871.48$ 78,615.00$ 82,545.72$ 86,673.00$ Monthly 5,942.18$ 6,239.29$ 6,551.25$ 6,878.81$ 7,222.75$ Hourly 34.28$ 36.00$ 37.80$ 39.69$ 41.67$ Based upon a 2080 work schedule (40-hour work week) Fire Unit Salary Schedule Effective April 3, 2022 Page 162 of 281 Appendix A Page 2 of 3 Grade Classification Step 0 Step 1 Step 2 Step 3 Step 4 4063 Ambulance Operator/EMT Annual 58,491.85$ 61,416.48$ 64,487.28$ 67,711.68$ 71,097.24$ Monthly 4,874.32$ 5,118.04$ 5,373.94$ 5,642.64$ 5,924.77$ Hourly 20.09$ 21.09$ 22.15$ 23.25$ 24.42$ 4064 Firefighter/EMT Annual 61,570.28$ 64,648.80$ 67,881.24$ 71,275.32$ 74,839.08$ 4065 Ambulance Operator/Paramedic Monthly 5,130.86$ 5,387.40$ 5,656.77$ 5,939.61$ 6,236.59$ Hourly 21.14$ 22.20$ 23.31$ 24.48$ 25.70$ 4066 Driver Operator Annual 64,644.31$ 67,876.56$ 71,270.40$ 74,833.92$ 78,575.64$ Monthly 5,387.03$ 5,656.38$ 5,939.20$ 6,236.16$ 6,547.97$ Hourly 22.20$ 23.31$ 24.47$ 25.70$ 26.98$ 4069 Captain Annual 74,871.48$ 78,615.00$ 82,545.72$ 86,673.00$ 91,006.68$ Monthly 6,239.29$ 6,551.25$ 6,878.81$ 7,222.75$ 7,583.89$ Hourly 25.71$ 27.00$ 28.35$ 29.76$ 31.25$ 4260 Battalion Chief Annual 86,674.71$ 91,008.48$ 95,558.88$ 100,336.80$ 105,353.64$ Monthly 7,222.89$ 7,584.04$ 7,963.24$ 8,361.40$ 8,779.47$ Hourly 29.76$ 31.25$ 32.82$ 34.46$ 36.18$ Based upon a 2912 work schedule (56-hour work week) 4070 Fire Marshal Annual 74,871.48$ 78,615.00$ 82,545.72$ 86,673.00$ 91,006.68$ Monthly 6,239.29$ 6,551.25$ 6,878.81$ 7,222.75$ 7,583.89$ Hourly 36.00$ 37.80$ 39.69$ 41.67$ 43.75$ Based upon a 2080 work schedule (40-hour work week) Fire Unit Salary Schedule Effective September 4, 2022 Page 163 of 281 Appendix A Page 3 of 3 Grade Classification Step 0 Step 1 Step 2 Step 3 Step 4 4063 Ambulance Operator/EMT Annual 59,954.15$ 62,951.88$ 66,099.48$ 69,404.40$ 72,874.68$ Monthly 4,996.18$ 5,245.99$ 5,508.29$ 5,783.70$ 6,072.89$ Hourly 20.59$ 21.62$ 22.70$ 23.83$ 25.03$ 4064 Firefighter/EMT Annual 63,109.54$ 66,264.96$ 69,578.16$ 73,057.08$ 76,709.88$ 4065 Ambulance Operator/Paramedic Monthly 5,259.13$ 5,522.08$ 5,798.18$ 6,088.09$ 6,392.49$ Hourly 21.67$ 22.76$ 23.89$ 25.09$ 26.34$ 4066 Driver Operator Annual 66,260.41$ 69,573.48$ 73,052.16$ 76,704.72$ 80,539.92$ Monthly 5,521.70$ 5,797.79$ 6,087.68$ 6,392.06$ 6,711.66$ Hourly 22.75$ 23.89$ 25.09$ 26.34$ 27.66$ 4069 Captain Annual 76,743.27$ 80,580.48$ 84,609.48$ 88,839.96$ 93,282.00$ Monthly 6,395.27$ 6,715.04$ 7,050.79$ 7,403.33$ 7,773.50$ Hourly 26.35$ 27.67$ 29.06$ 30.51$ 32.03$ 4260 Battalion Chief Annual 88,841.58$ 93,283.68$ 97,947.84$ 102,845.28$ 107,987.52$ Monthly 7,403.46$ 7,773.64$ 8,162.32$ 8,570.44$ 8,998.96$ Hourly 30.51$ 32.03$ 33.64$ 35.32$ 37.08$ Based upon a 2912 work schedule (56-hour work week) 4070 Fire Marshal Annual 76,743.27$ 80,580.48$ 84,609.48$ 88,839.96$ 93,282.00$ Monthly 6,395.27$ 6,715.04$ 7,050.79$ 7,403.33$ 7,773.50$ Hourly 36.90$ 38.74$ 40.68$ 42.71$ 44.85$ Based upon a 2080 work schedule (40-hour work week) Fire Unit Salary Schedule Effective first full pay period in September 2023 Page 164 of 281 Appendix B Page 1 of 3 LEAVE BENEFITS VACATION ACCRUALS Association members shall earn and may accumulate vacation leave as indicated below: Firefighters, Driver Operators, Captains, Battalion Chiefs, and Ambulance Operators (classifications assigned to 56-hour workweek): Vacation is earned and accrued hourly each pay period according to the following schedule and includes credit for holiday hours: Years of Service Hours Earned Per Pay Period Maximum Accrual 0-3 11.2 Hours 604.8 Hours 4-8 12.1 Hours 651.6 Hours 9-15 14.2 Hours 760.8 Hours 16 plus 15.1 Hours 807.6 Hours Fire Marshal (classifications assigned to a 40-hour workweek): Vacation is earned and accrued hourly each pay period according to the following schedule: Years of Service Hours Earned Per Pay Period Maximum Accrual 0-3 4.0 Hours 224.0 Hours 4-8 4.7 Hours 260.4 Hours 9-15 6.2 Hours 338.4 Hours 16-19 6.8 Hours 369.6 Hours 20 plus 8.0 Hours 432.0 Hours Conversion: In the event an employee is transferred between a suppression or ambulance assignment (56-hour work week) and a non-suppression or non-ambulance assignment (40-hour work week), accumulated vacation hours as well as prospective accumulation shall be converted, using a factor of 1.4 to maintain equivalent monetary value of said leave time. As such, the employee’s vacation hours will be divided by 1.4 if he or she is transferred to a non-suppression or non-ambulance assignment from a suppression or ambulance assignment and will be multiplied by 1.4 if he or she is transferred to a suppression or ambulance assignment from a non-suppression or non-ambulance assignment. Vacation Buy Back Firefighters, Driver Operators, Captains, Battalion Chiefs, and Ambulance Operators (classifications assigned to 56-hour work week): An employee may sell back up to 120 hours of vacation to the City for the equivalent payment of the employee’s current salary on an hour-for- hour basis. Payment for said hours shall be at the rate of the employee’s base salary, at the 56- hour rate, and shall be included in their regular paycheck on the first pay date in December of Page 165 of 281 Appendix B Page 2 of 3 each year. Employees shall submit a PAF to Payroll by November 15th for processing the following pay period. Vacation Cash Out Fire Marshal (classifications assigned to a 40-hour work week): Employees who reach their maximum vacation accrual may cash out one (1) week (40 hours) vacation, limited to one (1) time per fiscal year. This may be requested within two pay periods to the employee reaching their vacation accrual maximum. HOLIDAYS Employees are provided with the following paid holidays: DATE HOLIDAY December 31 New Year's Eve January 1 New Year's Day 3rd Monday, January Martin Luther King Birthday 3rd Monday, February Washington's Day Last Monday, May Memorial Day July 4 Independence Day 1st Monday, September Labor Day 2nd Monday, October Indigenous People’s Day November 11 Veterans' Day 4th Thursday, November Thanksgiving Day 4th Friday, November Day following Thanksgiving December 24 Christmas Eve December 25 Christmas Day Added to vacation accrual each fiscal year 8/11.2 hours floating Holiday credit The 8-hour (40-hour) or 11.2-hour (56-hour) floating holiday credit is added to each employee’s vacation accrual in the beginning of the fiscal year of each year. Firefighters, Driver Operators, Captains, Battalion Chiefs, and Ambulance Operators (classifications assigned to 56-hour work week): Due to the nature of the fire shift schedule, actual holiday hours are factored into the vacation credit received by the employee. Fire Marshal (classifications assigned to a 40-hour workweek): Employees working a forty (40) hour work week shall observe holidays as paid days off and shall be compensated for as part of their current salary. SICK LEAVE ACCRUAL Association members shall earn and may accumulate sick leave as indicated below: Page 166 of 281 Appendix B Page 3 of 3 Firefighters, Driver Operators, Captains, Battalion Chiefs, and Ambulance Operators (classifications assigned to 56-hour workweek): Effective upon adoption of the 2015-2018 MOU, sick leave accrual decreased from 18 hours per month to 12 hours per month in accordance with industry standards as a resource for increasing the Unit’s monthly health contribution. All employees hired after the adoption of the 2015-2018 MOU will accrue Sick Leave at 12 hours per month. Existing employees who elect to continue to receive “flex dollars” towards their health insurance options will continue to accrue Sick Leave at 18 hours per month. Existing employees who elect to receive the monthly health contribution, in lieu of “flex dollars” will accrue Sick Leave at 12 hours per month. This is a one-time, non-reversible election. Fire Marshal (classifications assigned to a 40-hour workweek): Employees assigned to a 40-hour workweek will accrue 1-day (8 hours) of sick leave for each month of service. Page 167 of 281 RESOLUTION NO. ______ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND UKIAH PROFESSIONAL FIRE ASSOCIATION LOCAL 3686 WHEREAS, the City of Ukiah Employee/Employer Relations Officer and Human Resources Director meet and confer in good faith with the bargaining units on matters including wages, hours, and the terms and conditions of employment for represented employees; and WHEREAS, the terms and conditions contained herein have been negotiated by the City of Ukiah and Ukiah Professional Fire Association Local 3686 and such terms and conditions have been agreed upon by both parties; and WHEREAS, this Memorandum of Understanding includes all terms and conditions of employment with respect to wages, hours, and working conditions applicable to the Ukiah Professional Fire Association Local 3686 for the period of April 1, 2022 through and September 18, 2025; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby approves and authorizes the City Manager to execute this Memorandum of Understanding on behalf of the City. PASSED AND ADOPTED this 6th day of April 2022, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Jim O. Brown, Mayor ATTEST: ________________________________ Kristine Lawler, City Clerk Page 168 of 281 Page 1 of 2 Agenda Item No: 7.i. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1527 AGENDA SUMMARY REPORT SUBJECT: Consideration of Approval of Change Order in the Amount of $20,800 to All Star Painting for the Alex Thomas Plaza Painting Project. DEPARTMENT: Community Services PREPARED BY: Neil Davis, Community Services Director PRESENTER: Neil Davis, Community Services Director ATTACHMENTS: 1. Color and Finish Schedule Update 2. Paint Palette and Study 3. ALL STAR PAINTING INC Proposal for Alex thomas plaza change orders 3.28.2022 Summary: The City Council will consider approving a change order in the amount of $20,800, to address dry rot found during painting, and to adjust the color palette at Alex Thomas Plaza. Background: At the September 21, 2021, Ukiah City Council meeting, All Star Painting was awarded a contract to paint Alex Thomas Plaza. Although not typically required for a maintenance project, considering the prominent location and nature of the Plaza, a small ad hoc advisory group was created and worked with Staff to develop a suitable restoration plan; The advisory group of seven included a Councilmember, two design professionals, and representatives from the art and business communities. The overall plan envisioned 1) landscaping improvements, 2) the addition of murals and an Outdoor Art Gallery, and 3) painting the Pavilion and associated facilities. A subcommittee of two developed a paint palette that outlined the scope of work and color scheme to be used for the painting of the Pavilion and associated facilities. The ad hoc team was provided the opportunity to review and approve the color scheme. The plan was presented to and approved by the City Council on September 21, 2021. Discussion: All Star Painting began painting on March 7th and completed a large portion of the project by March 11th. Although the project was completed to the approved specifications, even those who had chosen the color palette were surprised, and admitted the colors were much brighter than anticipated. Following a substantial amount of negative public comment, staff asked the contractors to stop work. The design professional consulted with staff and devised a modified Color and Finish Schedule (Attachment 1), a new Paint Palette and Study (Attachment 2), and received a quote of $17,600 from All Start Painting (Attachment 3) to make the desired changes. In addition to the color change, dry rot was discovered in the fascia below the skylights and the contractor provided a bid of $3,200 for that repair as well. The original contract was not fully expended. Recommended Action: Approve Change Order in the amount of $20,800 to All Star Painting for the Alex Thomas Plaza Painting Project. BUDGET AMENDMENT REQUIRED: Yes Page 169 of 281 Page 2 of 2 CURRENT BUDGET AMOUNT: 10022100.80220.18288: $58,300 PROPOSED BUDGET AMOUNT: 10022100.80220.18288: $73,800 FINANCING SOURCE: General fund current revenues PREVIOUS CONTRACT/PURCHASE ORDER NO.: Contract 2122100 COORDINATED WITH: Page 170 of 281 Community Services Department Neil Davis, administrator (707) 467-5765 ndavis@cityofukiah.com City of Ukiah / Alex Thomas Plaza Color & Finish Schedule 7/1/2021 REVISED 3/28/2022 Color Ref.Number Name Mfg.Specification Location Notes Est. Qty. BENJAMIN MOORE COLORS 1 #1544 Waynesboro Taupe Benjamin Moore Corotech COMMAND Satin (V-392) Concret walls & benches CIP Conc 2 # 2150-70 Easter Lilly Benjamin Moore Corotech COMMAND Satin (V-392) Recessed concrete signage CIP Conc 3 # 2004-10 Deep Rose Benjamin Moore Corotech COMMAND Satin (V-392) Cast aluminum letters Alum 4 # 2150-70 Easter Lilly Benjamin Moore Corotech COMMAND Satin (V-392) Fascia & Gutters, Skylights CMU & Wood 5 # 2150-40 Spring Dust Benjamin Moore Corotech COMMAND Satin (V-392) Stage wall CMU 6 #1544 Waynesboro Taupe Benjamin Moore Corotech COMMAND Gloss (V-390) Stage Columns Steel 7 # 2168-30 Orange Blossom Benjamin Moore Corotech COMMAND Gloss (V-390) Stage, 3 poles, moon panels Steel 8 # 2150-40 Spring Dust Benjamin Moore Corotech COMMAND Satin (V-392) 4' h. & end wall CMU 10 # 2153-40 Cork Benjamin Moore Corotech COMMAND Satin (V-392) Drinking Fountain Wall CMU 11 # 2153-40 Cork Benjamin Moore Corotech COMMAND Satin (V-392) Smooth & Ribbed block walls CMU 12 # 2004-10 Deep Rose Benjamin Moore Corotech COMMAND Gloss (V-390) Restroom Doors Steel 13 # 2150-50 Hampton Green Benjamin Moore Corotech COMMAND Satin (V-392) Steel Trellis Steel 14 # HC-77 Alexandria Beige Benjamin Moore Corotech COMMAND Satin (V-392) All Columns CIP Conc. 15 # 2150-70 Easter Lilly Benjamin Moore Corotech COMMAND Satin (V-392) Roof Beams & Clg.Wood 16 # 2150-50 Hampton Green Benjamin Moore Corotech COMMAND Gloss (V-390) Restroom Mtl. Partitions Steel 17 # 2018-70 Milkyway Benjamin Moore Corotech COMMAND Satin (V-392) Restroom Ceiling Stucco 18 Sure Klean Clr. Penetrating Sealer Prosoco PROSOCO Weather Seal Siloxane PD Restroom Floor Flat Conc. 19 # 2047-20 Manor Green Benjamin Moore Corotech COMMAND Satin (V-392) Handrails Steel 20 MM 337164 Dome Gold Modern Masters Ext. Satin Color Trim, street clock Steel 21 # HC-190 Black Benjamin Moore Corotech COMMAND Gloss (V-390) Lamp Posts, Street Clock Alum. Attachment 1 Page 171 of 281 City of Ukiah / Alex Thomas Plaza Color & Finish Schedule 7/1/2021 REVISED 3/25/2022 Color Ref.Number Name Mfg.Specification Location Notes Est. Qty. SHERWIN WILLIAMS COLORS 1 # 0023 Pewter Tankard Sherwin Williams SuperPaint Ext. Acrylic Latex Satin Concrete walls & benches CIP Conc 2 # 7562 Roman Column Sherwin Williams SuperPaint Ext. Acrylic Latex Satin Recessed concrete signage CIP Conc 3 # 6608 Rave Red Sherwin Williams SuperPaint Ext. Acrylic SemiGloss Cast aluminum letters Alum 4 # 7562 Roman Column Sherwin Williams SuperPaint Ext. Acrylic Latex Satin Fascia & Gutters, Skylights CMU & Wood 5 # 9207 Pale Moss Sherwin Williams SuperPaint Ext. Acrylic Latex Satin Stage wall CMU 6 # 0023 Pewter Tankard Sherwin Williams SuperPaint Ext. Acrylic Latex Satin Stage Columns Steel 7 # 6886 Invigorate Sherwin Williams SuperPaint Ext. Acrylic Latex Satin Stage-3 poles, moon panels Steel 8 # 9027 Pale Moss Sherwin Williams SuperPaint Ext. Acrylic Latex Satin 4' h. & end wall CMU 10 # 6388 Golden Fleece Sherwin Williams SuperPaint Ext. Acrylic Latex Satin Drinking Fountain Wall CMU 11 # 6388 Golden Fleece Sherwin Williams SuperPaint Ext. Acrylic Latex Satin Smooth & Ribbed block walls CMU 12 # 6608 Rave Red Sherwin Williams SuperPaint Ext. Acrylic SemiGloss Restroom Doors Steel 13 # 6379 Jersey Cream Sherwin Williams SuperPaint Ext. Acrylic Latex Satin Steel Trellis Steel 14 # 9084 Cocoa Whip Sherwin Williams SuperPaint Ext. Acrylic Latex Satin All Columns CIP Conc. 15 # 7562 Roman Column Sherwin Williams SuperPaint Ext. Acrylic Latex Satin Roof Beams & Clg.Wood 16 # 6379 Jersey Cream Sherwin Williams SuperPaint Ext. Acrylic SemiGloss Restroom Mtl. Partitions Steel 17 # 7105 Paperwhite Sherwin Williams SuperPaint Ext. Acrylic SemiGloss Restroom Ceiling Stucco 18 Sure Klean Clr. Penetrating Sealer Prosoco PROSOCO Weather Seal Siloxane PD Restroom Floor Flat Conc. 19 # 6762 Poseidon Sherwin Williams SuperPaint Ext. Acrylic SemiGloss Handrails Steel 20 MM 337164 Dome Gold Modern Masters Ext. Satin Color Trim, street clock Steel 21 # HC-190 Black (Benjamin Moore)no equivelent Formally known as Black PM-9 Lamp Posts, Street Clock Alum. Page 172 of 281 Paint Palette & Study for improvements and restoration to The City of Ukiah Alex R. Thomas Jr. Plaza Alex R. Thomas Jr. PlazaMarch 28, 2022 1 REVISION V-3 :: 3/28/2022 Attachment 2 Page 173 of 281 MAINTAINANCE PLAN Color Palette 2 From: Shannon Riley March 28, 2022 Subject: plaza colors Based on Alan’s recommendations and a variety of input, we would like to propose the following alterations: Roofs: Repair Rot, prime & paint to match roof fascia and gutters. Pavilion Roof Fascia: Swap Scandinavian Blue for a cream color. (Maybe the same Easter Lilly (2150-70) that is inside the pavilion?) Restroom Building Walls: Swap BOTH yellows and blue for Cork (2153-40). Restroom Doors: Swap Peony for Deep Rose (2004-10) or Black. Clock: Swap Manor Green for Black (HC-190). Entry Signage: Swap Sun Valley for the same cream as fascia. Easter Lilly (2150-70) Stage Walls: Swap Scandinavian Blue for Spring Dust (2150-40). Stage Structural Cylinders: Swap Watertown for Waynesboro Taupe (1544) Stage Metal Moons: Swap Green with Envy for Orange Blossom (2168-30) Art Walls (Short End Wall): Swap Starburst Orange with Spring Dust (2150-40) Shannon Riley Deputy City Manager REVISION V-3 :: 3/28/2022 Page 174 of 281 City of Ukiah Alex R. Thomas Plaza Parks & Recreation Dept. Maintenance and Paint Upgrade 411 W Clay St. Ukiah, CA 95482 A public space is an area or place that is open and accessible to all peoples, regardless of gender, race, ethnicity, age or socio-economic level. These are public gathering spaces such as plazas, squares and parks. Well-designed and maintained public spaces are critical to the health of any city. Such gathering spaces allow for social mixing, civic participation, recreation, and a sense of belonging. Good public spaces respond to the dynamics of a community—amenities wear out, needs change and management of our public spaces require continual maintenance and innovation. Every community group's history should be included into the physical and cultural reality of a public space. The parks and plazas of Ukiah provide such public spaces. By coming together in these safe and relaxed settings, different groups become comfortable with each other, thereby strengthening community cohesion. •Following the adoption of the City of Ukiah’s Public Art Policy, the City is implementing a civic art program at the plaza featuring both permanent and temporary, revolving works of art. Art animates public spaces, improves local business viability, and contributes to public safety. Public art brings diverse people together to celebrate, inspire, and be inspired. •Many special events are hosted at the Plaza. A few of the events include the year - round weekly Farmers Market, musical events for different groups, summer movie series, Chinese New Year celebration, Classic Car Show, Pumpkinfest, Story Promenade presented by Ukiah Library, the annual Ukiah Valley Art Fair, and the Rising Stars Music Competition among many others. Alex Thomas Plaza is Ukiah’s central public plaza with the goal of providing a clean, well maintained public space. 3 REVISION V-3 :: 3/28/2022 Page 175 of 281 ENTRY SIGNAGE AND LANDSCAPE RETAINING WALLS Color Palette 4 The entry signage is institutionally bland and non-descript. The text and background should distinguish itself from the grey concrete frame with distinctive color detailing. This is the focal point and name of the plaza and should present itself as a memorable representation of the colorful downtown character. All the concrete benches are in need of paint. Recessed Panel 1.Easter Lily No. 2150-70 Cast Concrete 2.Waynesboro Taupe No. 1544 3.Letters Deep Rose No. 2004-10 2 2 2 1 3 1 2 REVISION V-3 :: 3/28/2022 Page 176 of 281 SUNDIAL GARDEN AND LANDSCAPE RETAINING WALLS Color Palette 5 The Sundial is hidden from view by overgrown landscaping and can be a focal point with some defining detail colors and new appropriate landscaping. The concrete walls are chipped, stained and neglected, they need cleaning and paint to unify the material and function. Cast Concrete 1. Waynesboro Taupe No. 1544 All cast concrete retaining walls, curbs and benches throughout the park. Sundial to remain as-is, no work. Page 177 of 281 BANDSTAND / STAGE WALLS, POLES AND STEEL ORNAMENTS Color Palette 6 The low walls defining the stage area are dull and indistinguishable from the stage and background. The wall cap is broken and in need of new restoration. The flag poles should celebrate the occasion and help define the performance with festive color. Wall 1. Spring dust No. 2150-40 Structural Cylinders 2.Waynesboro Taupe No. 1544 3.Metal Moons Orange Blossom No. 2168-30 4.Poles (3) Orange Blossom No. 2168-30 1 2 3 4 REVISION V-3 :: 3/28/2022 Page 178 of 281 ART WALLS SOUTHEAST CORNER OF THE PLAZA Color Palette 7 The outside east wall of the restrooms has been designated for a painted mural , and the low wall adjacent to this is intended for a rotating art wall. The walls need to be power washed, primed and top-coated with a low maintenance paint with color that can stand on its own while serving as a stimulating host for varied art projects. Art Walls 1-a Spring Dust No. 2150-40 Short End Wall 2.Spring Dust No. 2150-40 1-a 2 1 Art Walls 1. Hampton Green No. 2150-50 REVISION V-3 :: 3/28/2022 Page 179 of 281 RESTROOMS, EXTERIOR SOUTH BUILDING OF THE PLAZA Color Palette 8 The cream ceiling to remain or match existing. Store-Room door to match adjacent wall. Gutters to match background colors. Roof Fascia 1.Easter Lilly No. 2150-70 Smooth Block Walls 2.Cork No. 2153-40 Drink Fountain Wall 3.Cork No. 2153-40 Textured Block Wall 4.Cork No. 2153-40 Bathroom Doors 5.Deep Rose No. 2004-10 2 1 2 5 2 2 COL 4 2134 The exterior walls of the restroom building stained, moldy, multiple areas of graffiti with attempts of unsuccessful removal or painted over. These walls need a thorough power wash, block primer and anti graffiti topcoat of quality paint. This is an area to brighten up and define the architecture with several complimentary colors and create a positive presence rather than the current dark corner to evade. 4 End Walls Spring Dust No. 2150-40 End Walls Spring Dust No. 2150-40 REVISION V-3 :: 3/28/2022 Page 180 of 281 MAIN PAVILION SOUTHEAST BUILDING IN THE PLAZA Color Palette 9 Roof Fascia 1.Easter Lily No. 2150-70 Back Wall 2.Spring Dust No. 2150-40 Trellis 3.Hampton Green No. 2150-50 All Columns 4.Alexandria Beige No. HC-77 Roof Beams & Clg. 5.Easter Lilly No. 2150-70 6.Letters “UKIAH” Deep Rose No. 2004-10 2 2 4 3 5 4 1 2451 The Interior back wall in the pavilion is stained, and moldy. It needs a thorough power wash with block filler and new topcoat of paint. The Trellis will be a lighter shad of the rear wall. The Fascia will continue the Scandinavian Blue color to tie the Pavilion with the south wall with the Bathrooms. All of the columns will be the same color, an earthy brown to anchor and support the roofs. REVISION V-3 :: 3/28/2022 Page 181 of 281 RESTROOMS, INTERIOR SOUTH BUILDING OF THE PLAZA Color Palette 10 The interior of the restrooms should be cleaned, painted and well lit, with recognizable assurance that the city takes pride in its public restrooms. They should be spotlessly maintained and welcome the public with respect. The doors have the feel of a prison and could be painted in a bright and innovative way to welcome people (see page 7). Leave brushed bare metal natural and unpainted. Apply Anti-Graffiti sacrificial coating on all surfaces except plumbing fixtures and ADA accessories. Paint plywood covers to match partitions. Replace or repair dysfunctional light fixtures. Metal Partitions 1. Hampton Green No. 2150-50 Interior Block Walls, 2. Stucco Walls and Ceiling Milkyway No. 2018-70 Interior Floor 3. Clear Penetrating PROSOCO Weather Seal Siloxane PD 4. Clear coat of anti- graffiti protection. Rain Guard Vandl-Top Page 182 of 281 STEEL and CAST IRON FIXTURES Color Palette 11 The cast iron clock is faded and oxidized, as are the lamp posts throughout the plaza. The steel handrails and decorative elements of the stage area are chipped, rusting and in need or restoration. Clock 1. Black No. HCC-190 2.Clock Trim / MM* Dome Gold No. 337164 Lamp Posts 3. Black No. HC-190 Stair Handrails 4. Manor Green No. 2047-20 *Note: Gold trim paint is from Modern Masters Paint Co. See Specification Sheet. REVISION V-3 :: 3/28/2022 Page 183 of 281 ALL STAR PAINTING INC.Date 3/28/2022 4720 Porto Pino Way Antelope, CA 95843 Proposal (916) 218-2455 For: City of Ukiah Allstarpainting355@gmail.com Alex Thomas Plaza LIC #: 984748 CAGE #: 8DVR9 . DUNS #:81360084 DIR # : 1000513506 Description of work Revise paint colors for city plaza park. Repair wood rot on upper roof ridge cap and skylight trim Scope of work: ●Remove rotted 2x8 approximately 30 feet. ●Replace with new 2x8 approximately 30 feet. ●Prime and paint. ●Complete rot repair work. ●Revise paint colors for city plaza park listed on page 2 of Alex Thomas Color palette. Time: Approximately will need an extra 7 days for the extra work Total Labor and Material Rot repair price $3,200.00 Revised paint colors for Alex thomas park $17,600.00 Grand Total: $ 20,800.00 Attachment 3 Page 184 of 281 Acceptance of Proposal The above prices, specifications and conditions are hereby accepted. This is a quote until signed,and then it becomes a contract and All Star painting is authorized to do the work as specified. If this offer is accepted, please sign the bottom and mail it or sign and email back to All Star Painting Inc. This bid is valid for a 30-day period . All work to be completed in a workmanlike manner according to standard construction practices. Any alteration or deviation from above specifications involving extra cost will be executed only upon written orders and will become an extra charge over and above this proposal. Sincerely, All Star Painting Inc. Accepted:_______________________________________________________ Date:__________ Page 185 of 281 Page 1 of 1 Agenda Item No: 7.j. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1528 AGENDA SUMMARY REPORT SUBJECT: Adoption of a Resolution Authorizing the Submittal of Application(s) for all CalRecycle Grants for which the City is Eligible. DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works ATTACHMENTS: 1. 7i CC Reso 2022-12 - Adopting NOI RE SB 1383-Organic Waste Reductions 2. Proposed Resolution - CalRecycle Grant App Authorization Summary: Council will consider adoption of a resolution authorizing the submittal of application(s) for all CalRecycle for which the City is eligible. Background: In 2016 Senate Bill 1383, Short-Lived Climate Pollutants: Organic Waste Reductions was passed. This bill looks to reduce California’s emissions of methane gas. Methane gas produced from organic waste breakdown in landfills is the third largest source of gases production in the state. The requirements of SB 1383 were initially meant to be enacted and enforceable by January 1, 2022. Due to the majority of jurisdictions having not met the requirements of SB 1383, an extension was processed and jurisdictions now have until January 1, 2023, to enact these requirements before being in non-compliance and subject to fees and other penalties. Grant monies are available to assist with compliance. Discussion: On the February 16, 2022, City Council meeting, Council approved a resolution regarding the Notice of Intent to Comply with SB 1383 (Attachment 1). CalRecycle accepted our Notice of Intent to Comply but also informed Staff of the need of a resolution to authorize the City Manager to be able to submit grant applications on behalf of the City. This resolution is meant to grant that authorization. (Attachment 2) Recommended Action: Adopt a resolution authorizing the submittal of application(s) for all CalRecycle for which the City is eligible. BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Page 186 of 281 ATTACHMENT 1 Page 187 of 281 Page 188 of 281 Page 189 of 281 Page 190 of 281 Page 191 of 281 Page 192 of 281 Page 193 of 281 RESOLUTION NO. 2022-XX RESOLUTION OF THE CITY OF UKIAH AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY IS ELIGIBLE WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants. NOW, THEREFORE, BE IT RESOLVED that: 1.The City Council of the City of Ukiah authorizes the submittal of application(s) to CalRecycle all grants for which the City is eligible. 2.The City Manager, or his designee is hereby authorized and empowered to execute in the name of the City all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project. 3.These authorizations are effective for five (5) years from the date of adoption of this resolution. PASSED, ADOPTED and APPROVED this __ day of _______, 2022 by the following vote on roll call vote: AYES: NOES: ABSTAIN: ABSENT: _______________________________ Jim O. Brown, Mayor ATTEST: _______________________________ Kristine Lawler, City Clerk ATTACHMENT 2 Page 194 of 281 Page 1 of 2 Agenda Item No: 7.k. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1529 AGENDA SUMMARY REPORT SUBJECT: Notification of Purchase of new Pump and Motor as Part of Purchase Order #47600 Issued to Bartley Pump PM, LLC for the Teardown, Inspection, and Rehabilitation of Well #8, and Approval of Corresponding Budget Amendment in the Amount of $135,618.07 Using the Water Reserve Funds. DEPARTMENT: Water Resources PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Sean White, Water Resources Director. ATTACHMENTS: 1. Purchase Order 00047600 Summary: Council will receive notification of additional expense to Purchase Order #47600 issued to Bartley Pump PM, LLC for the purchase of a new pump and as part of the teardown, inspection, and rehabilitation of Well #8 in the amount of $135,618.07. Background: As previously reported to Council on January 19, 2022, Well #8 was designed and constructed to produce approximately 1,100 gallons per minute (gpm). However, Well #8 has never performed to anticipated levels since its construction in 2008. Actual production has ranged from 370-500 gpm. As a result, the pump, motor, and Variable Frequency Drive (VFD) have never operated correctly. This mismatch has been the source of premature pump and motor failure in the past. PO #47600 was originally made to rehabilitate the well and once the well casing was repaired, a new motor and pump would be installed to match post- rehabilitation test results. This will ensure maximum equipment service life as well as increase energy efficiency. Discussion: Well #8 was redeveloped in mid-January and pumptested on January 29th. Well tests confirmed that Well #8 was in need of redevelopment. Output of Well #8 doubled, with a final test capacity of 850 gpm. The additional testing and material purchases to rehabilitate the well cost $134,677.06, bringing the Purchase Order total to $163,366.76 (Attachment 1). Staff is requesting a budget amendment in the amount of $135,618.07. These funds would be used in addition to existing funds to pay for the additional expense of PO #47600 and replenish the Water Operation and Maintenance Fund, which is used for small day-to-day repairs and is now depleted as a result of this and other emergency repairs. Water Resource Reserve Funds will be used to restore this account. Recommended Action: Receive notification of the additional expense of the purchase of a new pump and motor as part of Purchase Order #47600 issued to Bartley Pump PM, LLC for the teardown, inspection, and rehabilitation of Well #8, and approve corresponding budget amendment in the amount of $135,618.07 using the Water Reserve Funds. BUDGET AMENDMENT REQUIRED: YES CURRENT BUDGET AMOUNT: 82027111.56120: -$105,618.07 PROPOSED BUDGET AMOUNT: 82027111.56120: $30,000.00 FINANCING SOURCE: Water Reserve Funds Page 195 of 281 Page 2 of 2 PREVIOUS CONTRACT/PURCHASE ORDER NO.: 47600 COORDINATED WITH: Sean White, Director of Water & Sewer and Michelle Waganet, WTP Supervisor Page 196 of 281 Purchase Order Purchase Order # THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. Fiscal Year Page of Delivery must be made within doors of specified destination. PO TotalRECEIVING COPY BILL TO V E N D O R SHIP TO Date OrderedVendor Phone Number Date RequiredVendor Fax Number Buyer Item#Description/Part No.Unit Price Extended PriceUOMQty CITY OF UKIAHATTN: ACCOUNTS PAYABLE300 SEMINARY AVENUEUKIAH, CA 95482 Freight Method/TermsDelivery Reference Department/Location Sales Tax Rate 2022 1 1 47600-05 BARTLEY PUMP PM, LLC4000 S MOORLAND AVESANTA ROSA CA 95407 CITY OF UKIAH - WTP935 RIVER ROADUKIAH CA 95482 12/02/2021707-584-9191 Mary Horger 7.880N30/FOB UKAIAH WATER PRODUCTION $163,366.76 1 9460.0 DOLL $1.000 $9,460.00PULL PUMP OUT OF WELL #8 AND RUN WELL VIDEO TO SEE THE INTEGRITY OF THE CASING ANDSCREEN. FURTHER RECOMMENDATIONS TOFOLLOW. 820.50.00.27.271.2711.27111.56120.$9,460.00 2 19229.7 DOLL $1.000 $19,229.70LABOR TO PRE-BRUSH WELL, THEN PERFORM AN AIRSHOCK TO GET PERFORATIONS OPENED ANDCLEANED, THEN SWAB THE SCREENED AREA ANDBAIL BOTTOM CLEAN, AND PERFORM A POSTVIDEO, PER QUOTE DATED 12/27/2021. 820.50.00.27.271.2711.27111.56120.$19,229.70 3 25223.8 DOLL $1.000 $25,223.75INSTALL A TEST PUMP, TEST WELL, AND REMOVE TEST PUMP PER ESTIMATE DATED 12/23/21. 820.50.00.27.271.2711.27111.56120.$25,223.75 4 109453.3 DOLL $1.000 $109,453.31PUMP AND MOTOR REPLACEMENT - REUSING OLD DISCHARGE HEAD - PER QUOTE DATED 2/26/22 820.50.00.27.271.2711.27111.56120.$109,453.31 REF REQ E38897 AS PER QUOTE DATED 12/1/21 SUBJECT TO PREVAILING WAGE ADDENDUM, ATTACHED. MH 1/3/2022: ADDED LINE 2. WILL GO TO COUNCIL TO REPORT. MH 2/16/22: REF REQ E39155 - AS PER QUOTE RECEIVED 1/24/22 (QUOTE DATED 12/23/21) ... ADDED $25,223.75 TO INSTALL A TEST PUMP, TEST WELL AND REMOVE TEST PUMP. MH 3/2/2022: ADDED LINE 4. ATTACHMENT 1 Page 197 of 281 Page 1 of 2 Agenda Item No: 7.l. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1533 AGENDA SUMMARY REPORT SUBJECT: Award the Purchase of a Vactor 2100i Truck Mounted Vacuum System in the amount of $542,462.07 from Owen Equipment, and Approve Corresponding Budget Amendment. DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works/City Engineer ATTACHMENTS: 1. Vehicle Justification Form 2. City of Ukiah- Vactor 2100i Summary: Council will consider approving the purchase of a Vactor 2100i Truck Mounted Vaccum System from Owen Equipment in the amount of $542,462.07, and approve a corresponding budget amendment. Background: The Public Works 5-year capital improvement plan (CIP) has a vactor truck budgeted for FY 22/23. The purchase of the item was originally planned for FY 21/22, however, was delayed due to the Covid- 19 Pandemic. Staff recently discovered that supply chain delays have increased the lead time significantly for vehicles. This truck currently has a lead time of 9-12 months, but it is anticipated to increase to over two years if the order is not placed soon. Discussion: In developing the specifications, Staff analyzed the need for this equipment and specified a Vactor-branded unit based on reliability and parts availability and local service. This equipment will primarily be used for water and sewer maintenance activities. Some of these tasks include cleaning sewer mains, lift stations, recycled water ponds, and repairing water main breaks. The Electric Utility Department will also use the equipment for potholing, removing utility poles, and other maintenance work and will be assisting the Water Resources Department with the purchase. Attachment 1 is the Vehicle Justification Form; provided as Attachment 2 is the proposal from Owen Equipment. The pricing is based on the competitively solicited Sourcewell Cooperative Purchasing Program, Contract Number 101221-VTR. Municipal Code Section 1522 allows for the City to participate in cooperative agreements like this one. It is Staff’s recommendation for Council to approve the purchase of one Vactor 2100i Truck Mounted Sewer Cleaner from Owen Equipment in the amount of $542,462.07, and approve a corresponding budget amendment using Water, Sewer, and Electric Utility Reserve Funds. The shared cost of this amendment is meant to reflect the amount of use of the equipment. Recommended Action: Award purchase of a Vactor 2100i Truck Mounted Vacuum System from Owen Equipment in the amount of $542,462.07, and approve corresponding budget amendment. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 84027221.80100.V2518: $0 82027114.80100 $0 80026400.80100.V2518: $0 PROPOSED BUDGET AMOUNT: 84027221.80100.V2518: $244,107.93 82027114.80100 $244,107.93 80026400.80100.V2518: $54,246.21 Page 198 of 281 Page 2 of 2 FINANCING SOURCE: Water, Sewer and Electric Reserve Funds PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Tim Eriksen, Director of Public Works, Cindy Sauers, Electric Utility Director and Dave Kirch, Fleet Maintenance Supervisor Page 199 of 281 ESTIMATED COST: $550,000 FLEET MAINTENANCE SUPERVISOR SIGNATURE DATE EST. MILEAGE/HOURS PER YEAR Unknown $78,500.00 ALTERNATE SOLUTIONS EXPLORED: See below OTHER INDIRECT BENEFITS: N/A COST/BENEFIT ANALYSIS: N/A JUSTIFICATION/USE/NEED: This equipment is used daily by the Water/Sewer Operations Division to clean sewer mains, repairs water main breaks, pothole existing utilities, work at the Wastewater Treatment Plant, clean lift stations and Recycled Water ponds in addition to assisting with Electric Utility work. PROPOSED EQUIPMENT SPECIFICATIONS (ATTACH ADDITIONAL DOCUMENTATION IF NECESSARY): 2023 Vactor Positive Displacement (PD) MAINTENANCE COSTS TO DATE PROPOSED BUDGETED AMOUNT FOR EACH DEPT/DIV ESTIMATED SALVAGE/RESALE VALUEESTIMATED LIFE IN MILEAGE/HOURS YEAR CITY EQUIPMENT # ORIGINAL PURCHASE PRICE 2515 MODEL CURRENT MILEAGE/HOURS $225,000.0082027114.80100 84027221.80100 Water Operations V2518 ESTIMATED OUT-OF-SERVICE TIME PARTS AVAILABLE ADDITIONAL NEEDED REPAIRS ESTIMATE (IF APPLICABLE)MEET CARB STANDARDS? 5000 hours REVIEWED & APPROVED BY: Water Resources DEPARTMENT(S) PROPOSED VEHICLE OR HEAVY EQUIPMENT 3500 hours No CURRENT CONDITION: Fair Unknown Water Resources Sewer Operations V2518 Vehicle & Heavy Equipment Request & Justification DIVISION(S) PROJECT CODE ITEM: Vactor SUBMITTED BY: Dave Kirch 600 hours Yes FOR FISCAL YEAR: 2020/2021 2010 Vac-Con EXISTING VEHICLE OR EQUIPMENT REQUESTING TO BE REPLACED ORG & OBJECT ACCOUNT CODE DEPARTMENT HEAD ADDITIONAL COMMENTS: The prosposed equipment is a Positive Displacement (PD) Unit where the current one is a Fan Unit. The PD unit allows for the ability of the Vacuum unit to reach much farther below grade when Hydro-Excavating Varies ASSET USEFUL LIFE: 10 years 1HTWDAAR4AJ287178 VIN/SERIAL # $225,000.00 NEW REQUEST OR REPLACEMENT OF EXISTING?: Replacement of Existing ATTACHMENT 1 Page 200 of 281 Russ Knight Tel: 707-290-9093 Quote Number: 2022-46330 1 of 7 Presents a Proposal Summary of the 2100i Combination Single Engine Sewer Cleaner with Positive Displacement Vacuum System Mounted on a Heavy Duty Truck Chassis for City of Ukiah 1320 Airport Rd. Ukiah, Ca. 95482 ATTACHMENT 2 Page 201 of 281 Quote Number: 2022-46330 2 of 7 PRODUCT DESCRIPTION · 2100i with Roots 824-18" Hg. Blower, 10 Yard Debris body, 1000 Gallons of Fresh Water STANDARD FEATURES · Aluminum Fenders · Mud Flaps · Electric/Hydraulic Four Way Boom · Color Coded Sealed Electrical System · Intuitouch Electronic Package · Double Acting Dump Hoist Cylinder · Handgun Assembly w/35' x 1/2" Hose w/Quick Disconnects · 3" Y-Strainer at Water Pump Inlet · Ex-Ten Steel Cylindrical Debris Tank · Flexible Hose Guide · (3) Nozzles with Carbide Inserts w/Rack · Vacuum Tube Storage: Rear Door (2) Pipe · 3/4:” Nozzle Pipe · Flat Rear Door w/Hydraulic Locks · Dual Stainless Steel Float Shut Off · Debris Body Vacuum Relief System · Debris Deflector Plate · 48" Dump Height · Additional Water Tank Sight Guage · Liquid Float Level Indicator · Boom Transport Post Storage · Boom Out of Position Indicator/Alarm · Body Out of Position Indicator/Alarm · 3" Y-Strainer @ Water Pump · Performance Package · 1" Water Relief Valve · Microstrainer Prior to Blower · Midship Handgun Coupling · Side Mounted Water Pump · Hose Wind Guide (Dual Roller) · Hose Reel Manual Hyd. Extend/Retract · Hose Reel Chain Cover (Full) · Hydraulic Extending 15", Rotating Hose Reel, 3/4" x 1000' Capacity · Tachometer & Hourmeter/Blower · Circuit Breakers · LED Lights. Clearance, Back-Up, Stop, Tail & Turn · Tow Hooks, Front and Rear · Electronic Back-Up Alarm · Hydraulic Tank Shutoff Valves · Module Paint, Dupont Imron Elite - Sanded Primer Base · 8" Vacuum Pipe Package · Emergency Flare Kit · Fire Extinguisher 5 Lbs. · Low Water Alarm with Water Pump Flow Indicator · Joystick Boom Control · Rodder System Accumulator- Jack Hammer on/off control w/ manual valve · Digital Hose Footage Counter · Water Pump Hour Meter · PTO Hour Meter · Hydraulic Oil Temp Alarm · Digital Water Pressure Gauge Page 202 of 281 Quote Number: 2022-46330 3 of 7 · Vactor Standard Manual and USB Version - 1 + Dealer ADDITIONAL FEATURES · 48" x 22" x 24" Curb Side Aluminum Toolbox with Lighting · 25' Leader Hose (in lieu of standard) · Roots 824-18" Hg. Blower · 180 Degree Rotation, 10 Ft. Hydraulic Telescoping Boom, Front Loading 8" Suction Hose · Telescopic Boom Elbow, Hard Hat Style · 60 GPM Variable Flow Water System · 3000 PSI Water Pressure · Hydraulic Cooling Package · 3/4'” x 1000' Piranha Sewer Hose, 3000 PSI · Debris Body Washout · 6" Knife Valve w/Cam-Loc, Rear Door, 3:00 Position · 6" Rear Door Knife Valve w/Camloc w/Port, 6:00 position · Full Rear Door Swinging Screen · Centrifugal Separators (Cyclones) · Folding Pipe Rack, Curbside, 8" Pipe · Folding Pipe Rack, Streetside, 8" Pipe · Rear Door Pipe Rack Removed · Rear Door Splash Shield · Lube Manifold · Plastic Lube Chart · Final Filter and Silencer Ball Valve Drains · Laval Water Separator at Fill · Bellypack Wireless Controls with hose reel controls, 2 -way communications, and LCD Display · Handgun Couplers, Front and Rear · Hydro Excavation Kit - Includes Lances w/ Shield, Nozzles, Storage Tray, and Vacuum Tube · Hose Wind Guide (Dual Roller), Auto, Hydraulically Indexing with Pinch Roller · Rodder Hose Pinch Roller · Hose Reel Manual Rewind Tool · High Pressure Hose Reel · Rodder Pump Drain Valves · Rear Directional Control, LED Arrowstick · Wireless, Waterproof, Rechargable, Handheld, LED Spot Light w/12V Charger · 6 Lighting Package, 6 Federal Signal Strobe Lights, LED · LED Mid-Ship Turn Signals · Worklights (2), LED,Boom—Wheelen Pioneer(Per Ukiah Spec) · Worklights (2), LED, Rear Door—Wheelen Pioneer(Per Ukiah Spec) · Worklight, LED, Operators Station—Wheelen Pioneer(Per Ukiah Spec) · Worklight, LED, Hose Reel Manhole —Wheelen Pioneer(Per Ukiah Spec) · Worklight, LED, Curb Side—Wheelen Pioneer(Per Ukiah Spec) · Worklight, LED, Street Side —Wheelen Pioneer(Per Ukiah Spec) · 2 x Mirror Mounted Strobe Lights · Toolbox, Front Bumper Mounted, 16 x 12 x 18 w/(2) LED Side Markers · Behind Cab Toolbox with Lighting · Toolbox, Driver Side Subframe, 18w x 24h x 24d, with Lighting · (4) Long Handle Tool Storage Locations Behind Cab · Camera System, Front and Rear · Safety Cone Storage Rack - Post Style · Digital Water Level Indicator · Digital Debris Body Level Indicator · Vactor Standard Manual and USB Version - 1 · Factory Inspection Pre-Delivery Trip Page 203 of 281 Quote Number: 2022-46330 4 of 7 Sourcewell price for Vactor 2100i…………..………………………………………………………..$498,243.00 Tax @ 8.875%........................................................................................................................................$44,219.07 Total Price FOB Ukiah, Ca………..………………………………………………………….........…$542,462.07 Registration and training included THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT. NOTE: Price is good until June 14, 2022. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented. TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted. DELIVERY: 240-265 days TERMS: Net 10 or Approved Lease Let me know if you need any additional information. I can provide you with a bid spec if you need it. I would welcome the opportunity to set up a demo to show you guys just how easy it is to use our unit. If you have any questions, please give me a call at (707) 481-9849. Sincerely, Kelly McGrath Kelly McGrath Territory Account Manager Page 204 of 281 QuoteNumber:2022-46330 5 of 7 LIMITED WARRANTY Limited Warranty. Each machine manufactured by VACTOR MANUFACTURING (or, "the Company") is warranted against defects in material and workmanship for a period of 12 months, provided the machine is used in a normal and reasonable manner and in accordance with all operating, maintenance and safety instructions. In addition, certain machines and components of certain machines have extended warranties as set forth below. If sold to an end user, the applicable warranty period commences from the date of delivery to the end user. If used for rental purposes, the applicable warranty period commences from the date the machine is first made available for rent al by the Company or its representative. This limited warranty may be enforced by any subsequent transferee during the warranty p eriod. This limited warranty is the sole and exclusive warranty given by the Company. STANDARD EXTENDED WARRANTIES (Total Warranty Duration) 2100 Series, HXX Series and Jetters 10 years against water tank leakage due to corrosion. Nonmetallic water tanks are covered for 5 yrs. against any factory defect in material or workmanship. 2100 Series, HXX Series and Guzzler only 5 years against leakage of debris tank, centrifugal compressor or housing due to rust-through. 2100 Series and Jetters 2 years - Vactor Rodder Pump Exclusive Remedy. Should any warranted product fail during the warranty period, the Company will cause to be repaired or replaced, as the Company may elect, any part or parts of such machine that the Company's examination discloses to be defective in material or factory workmanship. Repairs or replacements are to be made at the selling Company's authorized dealer's or distributor's location or at other locations approved by the Company. In lieu of repair or replacement, the Company may elect, at its sole discretion, to refund the purchase price of any product deemed defective. The foregoing remedies shall be the sole and exclusive remedies of any party making a valid warranty claim. This Limited Warranty shall not apply to (and the Company shall not be responsible for): 1. Major components or trade accessories that have a separate warranty from their original manufacturer, such as, but not lim ited to, trucks and truck chassis, engines, hydraulic pumps and motors, tires and batteries. 2. Normal adjustments and maintenance services. 3. Normal wear parts such as, but not limited to, oils, fluids, vacuum hose, light bulbs, fuses and gaskets. 4. Failures resulting from the machine being operated in a manner or for a purpose not recommended or not in accordance with operating, maintenance or safety instructions provided by the Company. 5. Repairs, modifications or alterations without the express written consent of the Company, which in the Company's sole judgment, have adversely affected the machine's stability, operation or reliability as originally designed and manufactured. 6. Items subject to misuse, negligence, accident or improper maintenance. *NOTE* The use in the product of any part other than parts approved by the Company may invalidate this warranty. The Company reserves the right to determine, in its sole discretion, if the use of non -approved parts operates to invalidate the warranty. Nothing contained in this warranty shall make the Company liable for loss, injury, or damage of any kind to any person or entity resulting from any defect or failure in the machine. THIS WARRANTY SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND TO THE EXTENT PERMITTED, CONFERRED BY STATUTE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AGAINST FAILURE OF ITS ESSTENTIAL PURPOSE, ALL OF WHICH ARE DISCLAIMED. This warranty is in lieu of all other obligations or liabilities, contractual and otherwise, on the part of the Company. For the avoidance of doubt, the Company shall not be liable for any indirect, special, incidental or consequential damages, including, but not lim ited to, loss of use or lost profits. The Company makes no representation that the machine has the capacity to perform any functions other than as contained in the Company's written literature, catalogs or specifications accompanying delivery of the machine. No person or affiliated company representative is authorized to alter the terms of this warranty, to give any other warranties or to assume any other liability on behalf of the Company in connection with the sale, servicing or repair of any machine manufactured by the Company. A ny legal action based hereon must be commenced within eighteen (18) months of the event or facts giving rise to such action. The Company reserves the right to make design changes or improvements in its products without imposing any obligation upon it self to change or improve previously manufactured products. VACTOR MANUFACTURING 1621 S. Illinois Street Streator, IL 61364 Page 205 of 281 TERMS AND CONDITIONS Quote Number:2022-46330 6 of 7 ORDERS: All orders are subject to acceptance by Vactor Manufacturing, Inc. or Guzzler Manufacturing, Inc. (hereafter referred to as Vactor). Orders for products not normally carried in stock or requiring special engineering or manufacturing is in every case subject to approval by Vactor's Management. PRICES: All orders are subject to current prices in effect at the time of order acknowledgement. F.O.B. Point: Unless otherwise stated, all prices listed are F.O.B. factory. PAYMENT TERMS: The company's payment terms are due upon receipt, unless otherwise stated. However, until such time as Vactor receives full payment, Vactor shall maintain a purchase money security interest in the product. CANCELLATION: Orders cannot be cancelled except upon terms that will compensate Vactor for any loss or damage sustained. Such loss will be a minimum of 10% of the purchase price. SHIPMENT: All proposals are based on continuous and uninterrupted delivery of the order upon completion, unless specifications distinctly state otherwise. In the event that agreement is reached for Vactor to store completed items, they will be immediately invoiced to the customer and become due and payable. Storage shall be at the risk of the customer and Vactor shall be liable only for ordinary care of the property. STORAGE CHARGES: Vactor shall charge the customer at current rates for handling and storing customer's property (e.g. truck chassis) held for more than thirty (30) days after notification of availability for shipment. All customer's property, or third party's property, that is stored by Vactor is at the customer's or other party's risk. Vactor is not liable for any loss or damage thereto caused by fire, water, corrosion, theft, negligence, or any caused beyond its reasonable control. PERFORMANCE: Vactor shall not be liable for failure to complete the contract in accordance with its terms if failure is due to wars, strikes, fires, floods, accidents, delays in transportation or other causes beyond its reasonable control. EXPERIMENTAL WORK: Work performed at customer's request such as sketches, drawings, design, testing, fabrication and materials shall be charged at current rates. SKETCHES, ENGINEERING DRAWINGS, MODELS and all preparatory work created or furnished by Vactor, shall remain its exclusive property; and no use of same shall be made nor may ideas obtained therefrom be used except with the consent of and on terms acceptable to Vactor. TAXES: Buyer's final cost shall include all applicable sales and use taxes, including all sales and use taxes attributable to any changes made to Buyer's initial order placed hereunder or to any changes to applicable sales and use tax laws. However, Vactor Manufacturing, Inc. shall be responsible for Federal Excise Tax (F.E.T.) unless it is separately stated on the invoice and added to the selling price. If F.E.T. is not separately stated on the invoice it has not been included in the price and Vactor will pay any F.E.T. due itself and bear the cost of the tax. Any refunds or adjustments to the F.E.T. in such cases belong to Vactor. PRODUCT IMPROVEMENTS: Vactor reserves the right to change manufacturing specifications and procedure in accordance with its product improvement policy. MOUNTING PRICES: Mounting prices assume normally factory installation on a truck chassis suitable for the unit purchased. Relocation of batteries, fuel tanks, mufflers, air tanks, etc. will be an additional charge, billed at the standard factory labor rate. WARRANTY: Vactor warrants its products to be free from defects in material and workmanship for a period of 12 months, subject to the limitations and conditions set forth in its current published warranty. Other than those expressly stated herein. THERE ARE NOT OTHER WARRANTIES OF ANY KIND EXPRESS OR IMPLIED, AND SPECIFICALLY EXCLUDED BUT NOT BY WAY OF LIMITATION, ARE THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MECHANTABILITY. IT IS UNDERSTOOD AND AGREED THE VACTOR'S LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY THE PURCHASER AND UNDER NO CIRCUMSTANCES SHALL VACTOR BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE PRICES STATED FOR THE EQUIPMENT IS A CONSIDERATION IN LIMITING VACTOR'S LIABILITY. NO ACTION REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTION OF THE AGREEMENT MAY BE BROUGHT BY PURCHASER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS OCCURRED. VACTOR'S MAXIMUM LIABILITY SHALL NOT EXCEED AND BUYER'S REMEDY IS LIMITED TO EITHER (I) REPAIR OR REPLACEMENT OF THE DEFECTIVE PART OF PRODUCT, OR AT VACTOR'S OPTION (II) RETURN OF THE PRODUCT AND REFUND OF THE PURCHASE PRICE AND SUCH REMEDY SHALL BE BUYER'S ENTIRE AND EXCLUSIVE REMEDY. Page 206 of 281 TERMS AND CONDITIONS Quote Number:2022-46330 7 of 7 CHOICE OF LAW: These terms and conditions shall be construed according to the laws of the State of Illinois. Failure at anytime by Vactor to exercise any right of its rights under this agreement shall not constitute a waiver-thereof nor prejudice Vactor's right to enforce it thereafter. COMPLETE AGREEMENT: These terms and conditions, contain the complete and final agreement between the parties hereto and no other agreement in any way modifying any of these terms and conditions will be binding on Vactor unless in writing and agreed to by an authorized representative of Vactor. All proposed terms included in Buyer's purchase order or other standard contracting documents are expressly rejected. I agree with the above terms and conditions: ___________________________ Date: ______________ Page 207 of 281 Page 1 of 3 Agenda Item No: 7.m. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1534 AGENDA SUMMARY REPORT SUBJECT: Contract with HdL Companies for Tax and Fee Administration Services for Transient Occupancy, and Approve Corresponding Budget Amendment. DEPARTMENT: Finance PREPARED BY: Ginny Michel, Assistant Finance Director PRESENTER: Ginny Feth-Michel, Assistant Finance Director ATTACHMENTS: 1. 20220330 Revised Ukiah HdL TOT Proposal 2. Cost Analysis Summary: Council will consider authorizing the City Manager to negotiate and execute a three-year contract with HdL Companies (“HdL”) for audit and financial management assistance of the City's Transient Occupancy Tax, and approve a corresponding budget amendment. Background: In November 2006, the voters of the City of Ukiah passed Measure X, which raised the Transient Occupancy Tax (TOT) in the City from 8% to 10%. City Council Resolution No. 2006-68 ("Resolution"), as amended August 28, 2006, specified that for the first two years after the increase went into effect, 75% of the additional revenue produced by the tax increase would be spent on promotion of the City of Ukiah and its tourist industry, and 50% thereafter. The Resolution provides that the revenues expended for promotion of the City of Ukiah and its tourist industry shall be administered by the Greater Ukiah Chamber of Commerce, subject to an annual performance agreement with the City of Ukiah. Below is a historical summary of TOT collections. The Finance Department conducted an internal review of the processes in place for administrating Transient Occupancy Tax (“TOT”) and concluded that exploring external options for TOT administration may improve the efficiency and effectiveness of the TOT monitoring and collection process. The most effective option for Page 208 of 281 Page 2 of 3 outside administration was presented by HdL Companies. HdL currently provides sales tax monitoring and audit services to the City, and is well experienced and qualified to provide TOT services. Discussion: Given the importance of TOT revenues to City operations, and the known presence of a large number of short-term rentals within the city limits, the Finance Department performed an evaluation of the process for communicating, tracking, collecting and monitoring TOT revenues. The City is currently administering Transient Occupancy Tax (“TOT”) internally with one staff member and oversight by a Financial Service Manager. Timely receipt of monthly TOT returns, tracking of payments, late fees and limited data monitoring is accomplished using an excel spreadsheet. Those required to file TOT returns have access to limited information on the City’s website; a non-fillable form is available for download from the City's website. As the Finance department becomes aware of new lodging establishments, a Staff member contacts the establishment and provides forms and answers any questions. For example, when the new Holiday Inn Express & Suites opened in January of 2022, a finance Staff member contacted the hotel and provided them with the City’s TOT form and related information. Many large cities have internal audit departments that would be charged with auditing TOT compliance. Smaller municipalities generally contract for these services. The Department for several years planned to conduct a TOT audit, programming it in the budget regularly. The appropriation was not used, and it has not been re-appropriated since FY 2020. The pandemic effects on the city's hotels gave Staff pause to push an audit forward; however, as the economy improves and travel begins to return to normal, now is the time to re- engage. Further, the prevalence of short-term rentals in the city necessitates a closer look to ensure TOT is being collected and remitted to the City appropriately. On December 8, 2021, a Proposal was obtained from HdL. An evaluation team consisting of the City's Finance Controller, Assistant Finance Director, and the Finance Director reviewed the response, and asked a series of questions to HdL, to ensure a good fit for the City and the businesses required to comply with TOT requirements. The evaluation team concluded that HdL's services, including on-line filing, payment processing, education, compliance monitoring, auditing, and short term rental identification will meet the needs of the City, provide excellent potential to increase TOT collections and provide an easy to use business internet application for TOT return submission and payment of taxes and fees. HdL Companies’ proposal is provided as Attachment 1, which proposes to provide the requested services in an amount of $850 per property per year plus 50% of all discovered revenue from short-term rentals up to $1,900 per year, whichever is higher for a period of three years. Attached as Attachment 2 is an estimate of current staffing costs and a comparison to the HdL proposal. Not included in the estimate is any additional TOT collected as a result of HdL audits and short-term rental identification. Those amounts would be subject to a case-by-case basis. It is therefore Staff's recommendation to award a contract to HdL for TOT audit and financial management assistance services, authorize the City Manager to negotiate and execute the resulting agreement, and approve the corresponding budget amendment. Recommended Action: Authorize the City Manager to negotiate and execute a three-year contract with HdL Companies for audit and financial assistance services of the City's Transient Occupancy Tax (TOT) revenue - including short term rental compliance, and authorize the corresponding budget amendment. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 10113400.52100: $0 PROPOSED BUDGET AMOUNT: 10113400.52100: $23,000 FINANCING SOURCE: General fund current revenues PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Daniel Buffalo, Finance Director; Mary Horger, Financial Services Manager; and Olga Keough, Controller Page 209 of 281 Page 3 of 3 Page 210 of 281 City of Ukiah, CA Tax & Fee Administration Services March 30, 2022 SUBMITTED BY HdL Companies 120 S. State College Blvd., Suite 200 Brea, CA 92821 hdlcompanies.com CONTACT Connor Duckworth T: 714-879-5000 E: cduckworth@hdlcompanies.com Page 211 of 281 Dear Mary, Thank you for the opportunity to present this proposal for HdL’s Tax and Fee Administration Services. Please be advised that we maintain a busy implementation schedule throughout the year. Your position in the implementation schedule will be determined when a signed agreement is received. This proposal is valid until: May 31, 2022. Should you have any questions, please contact me at 888.861.0220 or by email at cduckworth@hdlcompanies.com. Tax and Fee Administration Services Standard 3-year pricing Service Compensation Transient Occupancy Tax Administration $850.00/property/year + CPI Monthly Filers $750.00/property/year + CPI Quarterly Filers Short Term Rental Compliance/Discovery 50% of all recovered revenue with a minimum cost of $1,900.00 + CPI One Year Pricing Transient Occupancy Tax Administration and Audit $850.00/property/year + CPI Monthly Filers $750.00/property/year + CPI Quarterly Filers Note: One year pricing includes auditing of only 1/3 of active hotels. Short Term Rental Compliance/Discovery $3,100.00/year + CPI General Scope of Work HdL offers robust solutions for managing compliance of municipal Business License Taxes and its related functions. HdL is ever mindful of the important role that customer service plays in the successful implementation of a compliance and revenue collection program. Therefore, HdL will make every effort to ensure that all communications with the City’s business community is kept at a professional level maintaining a careful balance between compliance, revenue collection, tactfulness, sensitivity and taxpayer education. Page 212 of 281 Transient Occupancy Tax Administration Services HdL’s transient occupancy tax administration service goes beyond scheduled cyclical audits, providing compliance monitoring of each return as it is filed while unburdening the City from the day-to-day administration of the TOT revenue program. Continual monitoring of returns is the optimal way to increase compliance while maintaining positive relations with the City’s lodging providers. The program is education focused, ensuring that lodging providers are clear on reporting requirements and methodology. HdL’s tax administration professionals are available as needed to support both the City’s team and the City’s lodging providers. The City is kept up to date, with 24x7 online access to HdL’s client portal containing real time access to registration and filing data, and management reporting. HdL’s TOT administration service incorporates all of the following: Tax Registration Database Management – HdL will transfer the City’s existing databases as they relate to TOT into HdL’s internal administration tools. HdL will maintain the data, software, online filing portal for lodging providers, and online client portal for the City. Return Processing – HdL will process TOT filings within 5 days of submission. Accounts will receive all applicable forms necessary to complete the renewal process. New Account Processing – HdL will process any new TOT registrations for Lodging Establishments that change hand or newly offered properties. Payment Posting / Processing – HdL will process all payments made for new and existing lodging providers. Accounts will be updated with payment information and revenues will be remitted to the City net HdL’s fees on no less than a monthly basis. On-Line Filing & Payment Processing – With input from the City, HdL crafts a customized website and domain for the City’s taxpayers to submit online forms, returns, and payments along with other customer support related items. Compliance Monitoring & Lodging Provider Audits – HdL will ensure accurate filings of TOT returns by consistently monitoring returns and educating lodging providers on filing requirements. HdL will also provide cyclical compliance audits as mutually agreed to by the City and HdL, ensuring all providers are audited at least once every three years. The compliance audit process is described above in Option 1. Reports – HdL’s TOT administration service includes a variety of standard reports demonstrating account activity and filing trends. During service implementation HdL will work with the City to identify reporting requirements and frequency/method of delivery and will supplement our standard service with custom reports as needed to meet the City’s requirements. Page 213 of 281 Progress Payments – HdL’s TOT administration service is billed monthly based on activity completed during the prior month. If standalone audits are conducted, they are billed only upon completion of the audit. Customer Support Center – HdL will provide lodging providers with multiple support options for registering, filing returns, making payments and for general inquiries. A toll-free number will be provided to businesses in order to access one of our tax specialists. Lodging providers will also have access to support via e-mail, fax, and the online Business Support Center. Annual Audit Plan – During implementation, HdL gathers all the historical data available from the City and leverages internal data sources and expertise to provide an analysis of all lodging providers, along with a recommended audit schedule. This allows HdL to work cooperatively with the City to identify the entities that require attention first. HdL works directly with the City to ensure consensus on the audit schedule for the program. HdL’s Transient Occupancy Tax - Audit Only Service HdL’s Transient Occupancy Tax Audit Service employs a business-friendly approach which educates hoteliers in transient occupancy tax regulations and filing procedures, ensures compliance, and maximizes agency revenues. The process incorporates the following: Ordinance and Filing Procedure Review – Analysis of Transient Occupancy Tax ordinances and agency procedures are conducted to identify possible deficiencies or other administration related issues. Recommendations are made by the audit team for items such as to best practices, form design, and potential ordinance modifications to insure the most effective policies and controls. Analysis Report – HdL’s audit team will obtain and conduct a review of the most recent 36 months of transient occupancy tax filings. In order to verify and augment the data, the audit team will compile a variety of supplemental information on each property, including number of rooms, occupancy rate, physical condition, and business dynamics. Data is then further scrutinized in order to identify unusual or suspicious reporting and/or other variables that indicate cause for further review. Information and findings are documented in the analysis report for review with the Agency. Analysis Review – Upon completion of the analysis report, meetings are scheduled with the agency to review the results as well as identify and recommend lodging providers who require additional investigation or examination to determine their compliance with the Agency’s ordinance. Audit Notification & Scheduling – Lodging providers selected by HdL and approved by the Agency for an audit are sent a letter and scheduled for a Compliance Analysis Audit. Every effort is made to promote a positive experience for the taxpayer. Lodging providers will be reminded of the documents required for the audit that were discussed in webinars and previous communications. Lodging providers are afforded the opportunity to schedule flexible appointment times by contacting the Business Support Center or visiting our online support center. Compliance Analysis & Audit – The HdL audit team reviews the books and records of the lodging provider to determine compliance with transient occupancy tax regulations. HdL Page 214 of 281 validates taxable gross rents, exemptions, bank statements, daily/monthly summaries, and other relevant information for determining compliance. Supporting documentation for relevant items such as exemptions will also be documented for accuracy. Audit & Compliance Report – Upon completion of the audit and analysis, and prior to additional actions, a compliance report is generated and reviewed with the Agency. The report indicates specific results of the reviews and recommended actions. Documentation will be included with the report to assist the Agency and HdL in determining next steps. Deficiency and Commendation Notification – Upon final review with the Agency, lodging providers that are found to have deficiencies are notified of the findings as well as payment and appeal processes. Appointments are also scheduled to review the findings and educate taxpayers on proper filing procedures designed to prevent future errors and deficiencies. Lodging providers found to be compliant are sent a commendation letter thanking them for their cooperation and compliance. Invoicing & Collections – Lodging providers found to be underreporting are invoiced through the standard Agency approved collections process identical to the procedures approved for other Programs. Balances are collected and remitted along with supporting documentation to the Agency through approved remittance processes. Short Term Rental – Compliance Only Service The Short-Term Rental (STR) Program provided by HdL takes a unique approach in ensuring compliance and educating lodging providers, including short term rental hosts (STR Hosts), in transient occupancy tax regulations and filing procedures, regulatory permits and licensing, and other City specific goals and objectives. HdL’s program involves a modular, customer service centric approach, which reduces City administrative costs and provides the City with assurances of future compliance and reporting practices from the City’s short -term rental lodging industry. Following identification, HdL conducts a targeted education and compliance campaign designed to inform STR Hosts of their obligations to file and remit taxes and other requisite licenses and permits as may be needed. Each lodging provider is provided a full overview of the requirements and how to best comply both in the present and the future. During the registration process, HdL offers a variety of support options to the community including online filing, file-by-phone, email, and registration via standard mail. HdL tax and license specialists are available throughout the process to provide support to the STR community and to assist in the registration process. Education, Registration, and Compliance Using the list of active STR listings, HdL conducts a series of City approved education-based programs ranging from mailers to direct phone contacts. Each packet contains all the information necessary to obtain registration and comply with local requirements. HdL assists STR hosts throughout the program with information and support with all aspects of becoming compliant. During this program, HdL will: Page 215 of 281 • Validate listing to ensure proper identification and filter out records that may lead to erroneous contacts. • Notify non-compliant entities with a series of education-based packets designed to garner compliance. • Provide a support center for assistance with general questions, support, and assistance with filing and paying returns. • Provide online portal with links to FAQs, education packets, and support for registering, filing returns, and making payments online. • Follow up with non-compliant accounts to obtain registration • Work with City to identify additional requirements and ensure collection of data necessary to enforcement procedures. • Establish optional implementation items such as amnesty programs, back tax and penalty provisions, and other pre-registration programs. Page 216 of 281 Attachment 2 City of Ukiah TOT Audit Proposal TOT Admin Short Term Rental Compliance Cost per Proposal # Properties $850 per property per year/ 3 year term; + CPI 50% of discovered revenue or $1,900 per year 14 10 Number of Establishments 24 20,400.00 Monthly Time Fully Load Hourly Rate Annual Cost Staff 1 20 47.42 11,380.80 Reconciliation to GL Sr. Accountant 8 68.34 2,186.88 Controller 4 95.76 1,532.16 Total - Kathy and Olga 15,099.84 TOT Administration 20,400.00 Short Term Rental Compliance 1,900.00 Estimate of Staff Time to Convert Date Estimated Revenue Increase: Audit of Filed Returns Added Short-Term Rental Revenue Estimated on-going Staff Time after Conversion Sr. Accountant 4 68.34 1,093.44 23,393.44 Total Added Costs - TOT Admin Services and ST Rental Compliance 8,293.60 Proposal Costs Estimate of Staff TOT Time - In House Administration Not Included in Estimate Estimate of Costs - Hdl Companies Administration Page 217 of 281 Page 1 of 2 Agenda Item No: 7.n. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1535 AGENDA SUMMARY REPORT SUBJECT: Approve Contract Amendment 2 with Excergy/E Source in the Amount of $55,000 for Utility Billing Customer Information System Project Management Services, and Approve a Corresponding Budget Amendment. DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Mary Horger, Financial Services Manager ATTACHMENTS: 1. Original Contract #2021-089 -Excergy - Utility Billing CIS PM 2. Amendment 1 3. Amendment 2 - Contract #2021-089 Summary: Council will consider approving a contract amendment with Excergy/E Source in the amount of $55,000 for Utility Billing Customer Information System Project Management Services. Background: In July 2020, Council awarded a contract to Excergy in the amount of $143,131 for Project Management Services for the selection of and implementation of a Utility Billing Customer Information System (CIS). This was necessary due to the intricacies of replacing a complex software billing system for multiple utilities, the lack of current internal resources, and to set the project up successfully. In June of last year, Council approved Amendment 1 to the contract in the amount of $35,000, increasing the contract to $176,131. Please refer to Attachment 1 for a copy of the agreement, and Attachment 2 for a copy of Amendment 1. Discussion: Since entering into the contract with Excergy/E Source, Staff has been very pleased with their work. Their expertise in the utility industry has proven to be a great resource as City Staff has navigated through the procurement process, and subsequent in-depth implementation process. The implementation is going well. However, with the important tedious details of the process, and internal resource availability fluctuating as they attempt to handle both a hefty implementation process and continue their normal job functions, the timeline for this project is anticipated to further extend beyond the initial "go live" date of this coming June. E Source continues to play a big role in guiding both Staff and the software company through the process, and making sure that the critical points of the implementation are being done to insure that everything is ready and in order for when we go live. In order to prepare for the possibility of the go live date extending, E Source has proposed to set an overall not to exceed value for Amendment 2 (please see Attachment 3) in the amount of $55,000, with a monthly-not to exceed value of $7,352. If Amendment 2 is approved, this would be retroactive to February of this year, and provide project management coverage until September. Should E Source spend less time in a particular month, they would only bill the actual time worked. Should the project end prior to September, then they would simply not bill for the succeeding months. It should be noted that the original budget for the CIS software alone was $600,000. The software chosen (Milsoft) was purchased for an initial 5-year commitment, which includes software maintenance, at $273,520. Page 218 of 281 Page 2 of 2 Add in the project management services, including Amendment 1, and proposed Amendment 2, the total cost to date for the CIS project will be $504,651, which is still almost $100,000 under the original budget. It is therefore Staff's recommendation to approve Amendment 2 to Exergy/E Source in the amount of $55,000, for a total revised contract amount of $201,444, and approve the corresponding budget amendment. Recommended Action: Approve contract amendment 2 with Excergy/E Source in the amount of $55,000 for Utility Billing Customer Information System Project Management Services, and approve a corresponding budget amendment. BUDGET AMENDMENT REQUIRED: Yes CURRENT BUDGET AMOUNT: 20513300.52100.18062: $0 PROPOSED BUDGET AMOUNT: 20513300.52100.18062: $55,000 FINANCING SOURCE: PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2021089-01 COORDINATED WITH: Lori Martin, Billing and Customer Service Manager Page 219 of 281 ATTACHMENT 1 Page 220 of 281 Page 221 of 281 Page 222 of 281 Page 223 of 281 Page 224 of 281 Page 225 of 281 07-24-2020 07-24-2020 Page 226 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  1  B. Project Understanding and Proposed Approach Our Understanding Planning and implementing a new CIS project can be one of the most complex endeavors a utility undertakes. The  new technologies, integrations to legacy systems, business process transformation within the utility, and customer  engagement aspects are multifaceted and connected in a way that most operational upgrades are not. Successful  projects follow an excellent project management and integration process due to challenges related to the  inherent complex technology, the lack of depth in many vendors’ project services, and the integration points  across other enterprise IT systems. It is extremely important to get started on the right path early in the process.  The City of Ukiah is seeking a skilled, Professional Project Management (PMP)‐certified project manager (PM) with  years of utility system integration and implementation expertise to support the procurement and implementation  of a new utility billing CIS system to replace the City’s outdated Harris Classic Utility Billing system. The City is  looking for a new CIS solution that incorporates GIS, work order management, manual and hand‐held input of  meter reads and ultimately Advanced Metering Infrastructure (AMI) integration. The CIS billing system would also  need to integrate with the City’s ERP system, Tyler Munis, for accounting purposes.   Due to the intricacies of replacing a billing system, and the lack of current internal City resources, the City is  looking to release a Request for Proposal (RFP) for a new system (either hosted or non‐hosted) that can easily  transition and integrate from manual meter reading to an AMI network using industry standard protocols  resulting in increased operational efficiencies that help to both reduce costs and elevate utility billing customer  service. The City is looking for a Project Management individual or team skilled in diplomatically managing  multiple teams simultaneously, resolving conflicts, and communicating effectively—as well as providing expert  project management tools, methodologies, and bests practices—to effectively and efficiently deliver a successful  CIS solution as scheduled and for the agreed‐upon price. The City estimates 12‐18 months from start to finish.  Approach to Scope of Work The following represents Excergy’s streamlined approach to simultaneously provide the CIS services desired by  Ukiah as illustrated in figure below.   Task 1 — Project Management One of the primary factors that distinguishes successful CIS projects is the quality of the project management. In  the Excergy model, our PM works very closely with the designated utility personnel and uses our proven process,  methods, and experience to produce a robust, flexible implementation approach. We have found most vendors  do not have the same high level of PM capabilities, and we are very experienced in helping a combined customer‐ vendor team execute successfully.  Throughout all project phases, expert project management will be essential to meeting the “iron triangle”  dimensions of cost, quality, and schedule. Project and Program management is a core skill set for Excergy, and we  Figure 1. Excergy’s Streamlined Approach to Deliver the City’s Scope of Work ATTACHMENT A - Contract 2021-089 Page 227 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  2  pride ourselves on the advanced maturity of our capabilities. Excergy uses the Project Management Institute’s  (PMI’s) PMBOK (Project Management Body of Knowledge) and Agile approaches as the basis of our project  management philosophy and methods. Most of our PMs are PMI‐Certified Project Management Professionals.  This certification is proof of our commitment to project management as a competency, as well as evidence of  knowledge of project management fundamentals. Excergy will hold an organizational kickoff session with Ukiah’s team to review project scope, requirements,  deliverables, timetable, reporting relationships, project management tools, and a communications plan. We will  discuss sensitivities, issues, and concerns unique to Ukiah that we will address during the project. We will establish  a set of project management and reporting protocols.   The Excergy PM will work with Ukiah personnel to manage the project through the five phases of the project  lifecycle: Initiating, Planning, Executing, Controlling, and Closing. Project Management activities include:  ►Managing the activities of the team and subcontractors, including risks and issues ►Working in close partnership with Ukiah and the CIS vendor to ensure the project’s success ►Accounting for all deliverables produced by the team ►Delivering a quality product on schedule and within budget (size, effort, and cost) At project initiation, the Excergy PM will review and finalize the project plan elements at a kickoff meeting at City  of Ukiah offices. The kickoff meeting is used to introduce personnel participating in the project, review initial  project plans, start preparation for functional requirements gathering interviews/workshops and  understand/define the system integration mapping (i.e., Solution Architecture). The Excergy PM will work to  clarify purpose and align systems understanding. The Excergy PM will be responsible for the activities in Table 1  below.  Table 1. Typical Project Management Activities PM ACTIVITY DESCRIPTION Scope Management Ensure that the project plans outline all of the work required to complete the project successfully. Scope management consists of initiation, scope planning, scope definition, scope verification, and scope change control. Change Management Ensure that a baseline project plan is established at project initiation, and that a formal change control process is in place to control changes to the baseline project plan throughout the project lifecycle. Integration Management Ensure that the various elements of the project are properly coordinated. Integration management consists of project plan development, project plan execution, and overall change control. Cost Management Ensure that the project is completed within the approved budget. Cost management consists of resource planning, cost estimating, cost budgeting, and cost control. Procurement Support Acquire goods and services from outside the performing organization. Procurement support consists of procurement and solicitation planning; solicitation; source selection; and contract administration and closeout. Quality Management Ensure that the project will satisfy the needs for which it was undertaken. Quality management consists of quality planning, quality assurance, quality control, and configuration management. Reporting Management Ensure timely and appropriate generation, collection, distribution, and storage of project information. The project manager also handles reporting and status information management consists of communications planning, information distribution, performance reporting, and administrative closure. Resource Management Ensure that qualified resources are available to perform each task defined in this SOW in accordance with the baseline project schedule. As necessary, the project manager ensures that resources have been provided with training to establish particular expertise required to perform Page 228 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  3  PM ACTIVITY DESCRIPTION tasks within the SOW. The project manager reinforces the importance of establishing and maintaining professional working relationships among Utilities and vendor team members, as well as monitors these relationships. Time Management Ensure the timely completion of the project. Time management consists of activity definition, activity sequencing, activity duration estimating, and schedule development and control. Risk Management Identify and analyze project risks and respond to those risks. The Excergy approach to risk management has three components—identification, prioritization, and mitigation. Risks are identified at project inception and categorized based on probability and impact. A risk mitigation plan is defined to impacts should the risk occur. The risk mitigation plan is continuously re- evaluated during the project lifetime. Once a risk actually occurs, it is moved to the issue tracking process. The Excergy PM will manage the weekly project status cycle for the  City. On a CIS replacement project, it is important to establish a  regular cadence in which progress towards the plan, performance  status, risk management, items of concern, and open action items are  managed regularly and consistently. A written project status report is  created by the Excergy PM, with input from the CIS vendor, to provide  project status to Ukiah personnel and management. A sample report  is shown in Figure 2.  Excergy compiles status from all parties into a consolidated status  report, updates project action items and risks, and prepares for a City  of Ukiah weekly status meeting. The weekly meeting will be led by the  Excergy. The vendor PM or experts are only needed if deeper  examination of status or important issues are on the agenda. The  meeting assesses the overall health of the project and directs actions  as needed. If an action item affects the scope of the project (technical  baseline, schedule, or cost), Change Control documentation will be  initiated to assure City acceptance of the proposed change.  The Excergy PM will develop an implementation plan that will support  Ukiah’s CIS vision. The objective of this task is to develop a comprehensive implementation plan that defines the  logical sequence for the deployment strategy, project schedule, and support requirements. Implementation  responsibilities will be defined. The draft implementation plan will be reviewed with Ukiah personnel and  finalized.  Part of the PM role we are proposing includes ongoing quality assurance of deliverables from the vendor for all  project phases. The Project Manager will draw from the expertise of the CIS Subject Matter Expert (SME) on an as‐ needed basis for these tasks and, in particular, document and subject matter‐specific quality reviews of vendor  deliverables. This SME will also be involved in the selection, acquisition, and contracting process and, therefore,  knowledgeable about both the needs of the City of Ukiah and contract requirements.    TASK 1 DELIVERABLES   Kickoff meeting minutes    Project Execution Plan (PEP) that defines Project Scope, Organization, Risk and Issue Management, and  Configuration Management   Status Reports   PM Tools and Templates  Figure 2. Sample Weekly Status Report Page 229 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  4   Risk/Issue Tracking   Action Item Tracking  Task 2 — Functional Requirements/Integration Mapping This task will develop the functional requirements for Procurement. Through a series of workshops and  interviews, using our knowledge from work on previous project procurements, we gather your Ukiah‐specific  functional requirements. The outputs are a functionality matrix and a high‐level System Architecture or  integration mapping needed to achieve the business goals and objectives identified in the Business Case or other  needs assessment. This task is composed of two subtasks:   2.1 CIS Functional Requirement & Business Objective Definition  2.2 Develop/Validate CIS Solutions Architecture/Integration Map  Subtask 2.1: Functional Requirement & Business Objective Definition CIS Process and Functionality Analysis  These sessions will begin immediately after the kickoff. These remote sessions will last approximately three days  and consist of both workshops and individual interviews with key stakeholders. Part of the time is open inquiry;  part of the time deals with our pre‐existing knowledge of CIS functionality and what is applicable to your situation.  The workshop areas are:   Customer Service & Customer Accounts  ►New Customer Handling ►Current Customer Handling ►Customer Data Collection & Verification ►Customer Work Order Generation & Completion ►IT Operations and support of these activities Meter Reading, Billing & Rate Analysis  ►Meter Reading and Exception Processing ►Rate Requirements/Tariff Complexity Analysis/Miscellaneous Charges ►Charging and Billing Exception Processing ►Bill Processing ►Dissemination of Bills through all Media ►IT Operations and support of these activities Utility Operations   ►Inventory (Meter and Non‐meter) ►Internal Work Order Generation & Completion as it relates to CIS ►IT Operations and support of these activities Credit & Collections & Financial Operations   ►Accounting and General Ledger ►Payment Receipt ►Adjustments ►Credit & Collections Functions ►Bad Debt & Write‐off ►A/R Balancing & Reporting ►IT operations and support of these activities Page 230 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  5  We will solicit ideas around new and/or improved functionality or processes in all areas above and document  them.   Interviews  In addition to the workshops above, we will conduct 45‐ to 60‐minute interviews with key stakeholders that cover  Customer Service, Billing, IT, Field Services, Purchasing, and Finance.  Functional requirements developed from these workshops and interviews will allow for consideration of both a  hosted and on‐premise environment.   Subtask 2.2: Develop CIS Solutions Architecture/Integration Map Under this subtask, Excergy will develop the project architecture based on the following:   ►User data requirements ►User functional requirements ►User process flows ►Automation requirements ►Integration requirements ►Industry best practices ►The Excergy’s team’s experience ►Implementation considerations and constraints ►Current and near‐term future capabilities of commercial CIS technologies The technology and integrations necessary to achieve a successful CIS implementation will be included in this  solutions architecture. One of the areas that is often not given enough emphasis but is critical to the successful  implementation of CIS initiatives, is the integration with all of the other information systems such as meter  reading, GIS, work management, City website, bill printing, payment processing, and general ledger systems.  Excergy’s approach ensures that all of these critical integration points are identified and impacts on other systems  are factored into the strategy. This includes allowance for the use of either a hosted or on‐premise approach.  The draft architecture will be reviewed with the Project team during a remote workshop. Excergy will update the  architecture based on this review and prepare a final version.  TASK 2 DELIVERABLES   CIS Requirements and Solutions Architecture document containing:  o Functional Requirements o Business Goals and Objectives o System Context Diagram o System Component Diagram  Workshop meeting minutes   Interview summaries  Task 3 — CIS Vendor Selection This task uses the functional inputs identified in the CIS Roadmap developed in Task 2, and is composed of five  subtasks:   3.1 Assist with Creation of RFP and Distribution to Appropriate Vendors  3.2 Prepare RFP Response Evaluation Tool  3.3 Evaluate Vendor Responses  Page 231 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  6  3.4 Make Recommendations on Vendor Responses  3.5 Assist with Vendor Negotiations & Contracting  Subtask 3.1: Assist with Creation of RFP and Distribute to Vendors Excergy will provide value‐added support to Ukiah in the procurement process. This assistance can be invaluable  in structuring the most beneficial contract for the City, and past experience has demonstrated that we’ve been  able to save significant dollars in the procurement and negotiating process with utility software vendors.   Excergy will provide the Functional Requirements developed previously along with the Solutions Architecture in a  format that meets the City’s procurement needs. Excergy will then work with Ukiah’s procurement and legal staff  to prepare the RFP package, which will incorporate the appropriate instructions to bidders as well as general and  specific terms and conditions. After the RFP is circulated for comments, Excergy will assist Ukiah with necessary  addendums.  Based on the experience of many utilities, we recommend that a draft contract be incorporated in the RFP. This  streamlines the procurement process, gives Ukiah greater negotiating leverage, and can result in considerable  savings. Through participating in numerous contract negotiations, we have learned how to establish enforceable  contract provisions that protect the utility. We will help Ukiah prepare the draft contract. Important contract  considerations include:  ►Pricing protection. Definitive prices set for each exchange and for other ancillary services. To deploy a CIS system with strong cost controls, we recommend a phased project approach with defined exit points and fixed prices as appropriate. Should significant concerns arise in the initial discovery phase of the contract, these exit points provide strong motivation for the CIS vendor to provide top notch service. ►Product and service warranties. Extended warranties and system failure provisions may be important. ►Performance standards. Accurate bills; defaults and opportunities and requirements to cure. ►Component and final system acceptance criteria and payment provisions. Payments are made for confirmed working installations. ►Service level agreements. If Ukiah opts for software management services. Excergy will also provide input on the selection of qualified vendors to be invited to the RFP process.  Subtask 3.2: Prepare RFP Response Evaluation Tool We will support Ukiah’s selection team in establishing weighted evaluation criteria including responsiveness to  functional requirements, total life‐cycle cost, and qualifications of the respondents.  By using established Excergy templates for proposal evaluation and risk assessment, Excergy will help Ukiah  develop score sheets for the RFP with scoring criteria and weights for requirements. Scoring criteria reflects  criticality, type, and relevance of the requirements. Weights reflect the relative importance or value of the  requirements with respect to the other proposal criteria, such as pricing and schedule.   A key area of the vendor proposal evaluation is the establishment of critical qualification or vendor pass/fail gates.  Excergy will help the City identify these critical requirements within the RFP specifications. Another key area of  vendor proposal evaluation is the assessment of risks. The risk assessments typically cover technology risks  (bleeding edge or obsolescence); quality of delivery; vendor company viability and commitment to industry and  product; project cost and schedule; ongoing maintenance and support; quality of installation; and hiring practices  used. Excergy’s vendor proposal evaluation process includes methodical assessments of these risks.  The use of the existing Excergy evaluation methodology and framework ensures a disciplined, fair, and consistent  evaluation process that is fully documented, traceable, and defensible—providing substantial credibility to the  Ukiah City Management, Utility Board, or any regulatory agency.  Page 232 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  7  Subtask 3.3: Evaluate Vendor Responses As part of the selection process, we will guide Ukiah’s evaluation team in a thorough review of the proposals. In  your evaluation of responses, Ukiah’s review team should not be prematurely influenced by price; we will inspect  pricing tables to make sure that they are complete and responsive. If there are a sufficient number of proposals,  we expect to create a short list. Excergy will help develop and prepare demonstration scripts and lists of questions  to make sure vendors focus on Ukiah’s major concerns in their presentations. We will attend the vendor  demonstrations and assist in responding to follow‐up information requests.   Should Ukiah staff decide to visit selected sites where the short‐listed vendors have implemented systems,  Excergy will help arrange the visits and prepare questions and agendas.  We will assist the City in evaluating the proposals based on the written documents, vendor presentations,  references, and additional due diligence (e.g., “problem” deployments). Excergy will analyze the life‐cycle costs  associated with each proposal and facilitate the project team’s final selection. Excergy will provide a summary  score sheet that combines the detailed proposal evaluations, the reference checks and interviews, and the risk  assessments.   Subtask 3.4: Make Recommendations on Vendor Responses Consistent with the solicitation framework, selection criteria, and results of interviews and demonstrations  developed previously, Excergy will summarize and present the scoring and rank order of the responses based on  the established standards for final selection. It is expected that the City will then reach a conclusion as to the  successful respondent based on Excergy’s facilitation around scoring.   Subtask 3.5: Assist with Vendor Negotiations & Contracting Excergy will support Ukiah’s negotiations with the selected vendor, from establishing a negotiations strategy  through negotiations and contracting. This effort involves the following activities:  ►Develop vendor negotiation strategy ►Conduct initial preparation of negotiations ►Support Scope of Work and contract negotiation including SLAs ►Execute Vendor Contract Contract documents would be finalized by Ukiah procurement and legal personnel, but Excergy would provide  necessary assistance in that process.  TASK 3 DELIVERABLES   Creation and issuance of RFP   Recommended list of Vendors to receive RFP   Vendor qualification criteria    Vendor proposal evaluation scoring and risk assessment   Vendor shortlist vendor interview/demo evaluation results   Vendor proposal cost comparisons   Vendor recommendations   Vendor proposal evaluations and vendor selection summary   Vendor negotiation strategy   Inputs to and comments on contract, SOW, pricing, commercial, and technical specifications with the selected  vendor   Page 233 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  8  Task 4 — Ongoing Project Management and Implementation Support Excergy’s proven Integrated Delivery Methodology (IDM) drives efficient development and execution of the  Ukiah project—enabling you to attain more success, less waste and achieve greater results on this technology  project. IDM is based on decades of implementation success at hundreds of successful projects and melds the  right amounts of key technical services with industry best practices and knowledge obtainable only through  decades of implementation and integration experience. Our IDM’s holistic process blends state of the art project  management, technology expertise, business savvy, and personnel motivation to create a high performing project.  Key elements include:  ►Project Management. Based on a combination of industry best practices including Project Management Institute and Agile approaches and tempered through decades of successful project experience. ►Technology Expertise: Excergy’s personnel are experts on utility technologies, how to maximize strengths and minimize weaknesses, and how to effectively integrate new and legacy systems into a cohesive whole. In the Delivery Phase, the Excergy PM will continue to work with Ukiah and vendor personnel to assure that the  CIS project is delivered in accordance with requirements established previously and following the practices  described in detail in Task 1.  Task 5 — Systems Testing and Acceptance A graduated, thorough, and robust test program is needed for Ukiah’s CIS project to be successful. Excergy will  assure that the CIS vendor provides a thorough test program that addresses all requirements and the needs of the  City. Excergy subject matter experts will review vendor test plans, scripts and results, providing input where  deficiencies are identified. The CIS vendor will be expected to follow a proven test methodology as follows:  ►Unit and Functional Testing of the CIS to make sure it meets all functional requirements ►System Integration Testing to verify proper integration to other Ukiah systems ►End‐to‐End Testing to verify that all systems work together seamlessly ►User Acceptance Testing with Ukiah personnel operating the system to verify all Ukiah business process needs are met Excergy will recommend final acceptance and Go Live turnover using the new system only after all testing has  been satisfactorily completed and Ukiah users feel comfortable with operating the system.   TASK 5 DELIVERABLES   Review of Vendor Overall Field Test Strategy Document   Reviewed test plans, procedures, results documentation  Task 6 — Operational Transition/Training Excergy will work with CIS vendor to assure that they have developed an Operational Transition/Training Plan.  Excergy has assisted other utilities in the adoption and operation of new CIS technology, including going through  the “go‐live” process. As such, significant lessons learned, and risk reduction strategies will be incorporated into  the review of the vendor’s Plan.   Training on operation and maintenance of the new system will be a key component of the Plan. Excergy will  assure that the training plan addresses all aspects of CIS operation and that the training is delivered by qualified  individuals in a manner that meets the need of Ukiah operations personnel.  The “Go Live” transition from the previous CIS to the new CIS is a very important aspect of this overall Plan.  Excergy will assure that this has been thoroughly planned and documented and includes a back‐out plan to return  Page 234 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  9  to the existing system should problems occur in the transition process. then assist Ukiah in the implementation of  the Plan.   After a successful “Go Live,” it is necessary to continue to closely monitor the system to assure it is operating  effectively through a billing cycle. Excergy will assure that the CIS vendor stays engaged through this time of  monitoring and final transition. All significant issues identified during this period must be resolved by the vendor  prior to final payment and release  TASK 6 DELIVERABLES   Review of Transition/Training Plan   Review of Training documentation   Review of “Go Live” Plan   Review issues identified in Transition Monitoring  Page 235 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  10  C. Project Team Excergy’s mission is to provide the right team of focused experts on each project we pursue—highly skilled senior  consultants, comprised of experts in their fields, who understand the unique drivers, responsibilities, and needs of  our clients. To best deliver the scope of services detailed in Section B, we are proposing three experienced  consulting experts: Joel Westvold, John Beichman, and Patrick Noonan. Mr. Westvold, PMP, will serve as the  Excergy Project Manager for the City of Ukiah and will utilize the technical expertise of Mr. Beichman and Mr.  Noonan throughout the project. All work will be delivered via these Excergy personnel; no outside subconsultants  or subcontractors will be needed or are proposed herein.  Table 2 below outlines the experience each brings to this engagement and their specific qualifications as related to  those the City listed in Section 4.0 of the RFP. Full resumes are provided in Appendix A, Resumes.  Table 2. Excergy Team Meets City Qualification Requirements Key Experience City-Required Qualifications MBA and Bachelor of Science in Chemical Engineering PMI-Certified PMP; Project Management course instructor at several national conferences; several professional development courses including six Sigma and other Quality courses 20 years of PM experience; 35 years of utility experience Served as Program Manager supporting utility IT and OT systems planning, acquisition, implementation and integration projects involving AMI, MDMS, CIS and related technologies for 50+ clients Led implementation of an award winning AMI project that involved the installation of over 800,000 electric meters, the network to communicate with the meters and integration of the technology with utility systems to gain the most financial benefit and efficiency possible ☒Bachelor’s Degree (related field) ☒5-8 years PM Experience ☒PMP Certification ☒Team Management Skills ☒Conflict Management Skills ☒Time Management Skills ☒Communication Skills ☒Strong Familiarity with PM Tools, Methods & Best Practices Master of Science in Information Resource Management 30+ years of experience leading or supporting 20+ CIS strategy and selection engagements and fully immersed in the both utility best practices and the CIS application marketplace Significant management consulting, application selection and CIS implementation project management expertise, including development of business use cases for requirements, selection and purchasing strategy as well as process mapping and development, integration test planning, QA and steering team coaching Skilled at working with Executives and client teams to determine both functional and technical requirements ☒Bachelor’s Degree (related field) ☒5-8 years PM Experience ☐PMP Certification ☒Team Management Skills ☒Conflict Management Skills ☒Time Management Skills ☒Communication Skills ☒Strong Familiarity with PM Tools, Methods & Best Practices 25+ years of experience providing technical and management consulting services for AMI, CIS, GIS, and related utility technology initiatives 15+ years of experience providing solution architecture, system integration, and testing for utilities including Santa Clara/SVP, Fort Collins, SoCalEd, Halifax Water, and Tacoma Public Utilities system implementations Provided business process design, testing, solution architecture, and project management services for IT, OT, & GIS maintenance process design and implementation; and IT/OT/GIS integration business architecture with CIS, CAD , EAM, TLM (transformer load management) for 30+ projects ☒Bachelor’s Degree (related field) ☒5-8 years PM Experience ☐PMP Certification ☒Team Management Skills ☒Conflict Management Skills ☒Time Management Skills ☒Communication Skills ☒Strong Familiarity with PM Tools, Methods & Best Practices Page 236 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  11  D. Experience and References Excergy is driven by a belief in the transformative power of utility technology to make people’s lives more  meaningful, sustainable, and enjoyable. We have a thorough understanding and sensitivity to unique utility needs  and drivers, and our client‐specific methodology combines to reduce utility risk, enhance business operations, and  maximize technology benefits.  We provide expert consulting and system integration/ implementation services on a wide range of technologies,  business, and customer engagement topics and internal change management challenges that utilities face today.  Our particular business focus is electric, gas, and water municipal utility projects—from feasibility studies, strategic  plans, business cases, vendor selection, and all phases of the system implementation life cycle. Our unique  Strategy, Planning, and Implementation expertise spans from  initial needs assessment and technology roadmaps, to vendor  Requests for Proposal (RFP), all the way through to successful  implementation and “go‐live” of a holistic and integrated  systems (Figure 3). Excergy personnel have implemented or  integrated virtually every major utility information technology  system in the past 25 years, including Customer Information  System (CIS), Advanced Meter Infrastructure (AMI), Enterprise  Asset Management (EAM), Meter Data Management System  (MDMS), Geographic Information System (GIS), Mobile  Workforce and Work Management System (MWFM/WMS),  Outage Management System (OMS), and Customer Portal and  Communications. We understand the entire utility “system of  systems.”  Utility & CIS Expertise With an average of 25 years or experience, Excergy professionals have guided many utilities on their technology  and business journeys. Giving thorough consideration to stakeholder objectives, legacy technologies, regulatory  drivers, strategic goals, incumbent staff, processes, and practices, our staff develops analyses that achieves lasting  value for all stakeholders. We’ve deployed dozens of utility projects, have won several “Project of the Year”  awards, have been brought in to rescue troubled projects for various utilities, and were asked by industry leaders  to write the book on implementation best practices.   Excergy has extensive experience in the “meter‐to‐cash” systems of CIS, AMI/AMR, and MDMS, as well as the  other utility IT/OT systems. Through these projects we have gained a complete and thorough understanding of  the technologies, integrations, business processes, and utility personnel aspects required to meet the scope and  goals of the City of Ukiah’s CIS project.   For the customer billing system, Excergy’s CIS/Customer Experience practice manager is a member of the  proposed team. He has 30 years of information technology, application implementation, and system integration  experience in a variety of industries. In particular, over the last 22 years, he has acquired extensive experience as  an implementer and consultant providing business, project management, and technical services to the utility CIS  market as a project manager, solution architect, and process analyst.   Our team’s specific CIS competencies include:  ►Developing multi‐year project plans for multiple CIS implementations ►Writing functional and technical specifications for modifications to CIS systems including modifications for delinquency, charge calculation, bill print, service orders, notes, meter reading, and several modifications specifically in support of deregulation requirements Figure 3. Excergy’s Specialized Utility Services Page 237 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  12  ►Writing functional and technical specifications for interfaces between CIS systems and multiple other applications including ITRON handhelds, Interactive Voice Response (IVR), Cash Remittance Processors, Oracle financials General Ledger, Oracle financials Accounts Payable, and third‐party invoice printing and bill presentment providers ►Managing the contractual and budgetary process between CIS vendors and their clients; developing data conversion from legacy CIS systems to new CIS; developing and testing of modifications to CIS systems performed both by vendors and third‐party system implementers; managing the development and testing of interfaces to and from CIS including the development of integration test plans; and the CIS defect and issue tracking processes ►Developing AS‐IS and TO‐BE process mapping for all CIS related functional areas at multiple clients. Vendor Neutral Excergy’s approach balances innovation with pragmatic business acumen. We are familiar with virtually all current  and emerging CIS technologies as well as ancillary products and services. We are scrupulously vendor neutral and  vendor independent and have no “partnership” arrangements or relationships with any vendors or other firms. As  indicated in our past experience with many similar projects, our selection processes have resulted in multiple  vendors chosen for our clients, indicating the unbiased nature of our methodology. This assures the Ukiah that our  recommendations are the very best for your needs and requirements.  Related Project Experience We have fine‐tuned methodologies over many engagements to produce  world‐class tools and processes that have led to an unmatched record of  successful project outcomes. We have performed a wide variety of  operational technology and information technology projects for dozens of  public and investor‐owned utilities across North America as shown in  Figure 4.  Table 2 below lists the most applicable vendor procurement and system  implementation projects our team has completed in the last 5 years. As  requested, project details for three of the most applicable are provided following the table. We are happy to  provide client references upon request.  Table 3. Excergy Experience in Last 5 Years Pr o j e c t M a n a g e m e n t / Qu a l i t y A s s u r a n c e Pr e - I m p l e m e n t a t i o n / Im p l e m e n t a t i o n P l a n s Pr o c u r e m e n t / V e n d o r Ma n a g e m e n t Re q u i r e m e n t s & Sp e c i f i c a t i o n s Sy s t e m I n t e g r a t i o n / T e s t i n g / D e p l o y m e n t M g m t . St r a t e g i c P l a n n i n g / Te c h n o l o g y R o a d m a p s St a k e h o l d e r E n g a g e m e n t / Or g . C h a n g e M a n a g e m e n t Bu s i n e s s P r o c e s s D e s i g n Ot h e r S p e c i a l i z e d Co n s u l t i n g CIS System Recent Projects Chesterfield County PUD (VA)      AUS Infinity City of Fort Collins (CO)          Banner City of Greenville (TX)         Tyler City of Newport News (VA)         SAP City of Santa Clara/SVP (CA)       Harris North Star Consolidated Edison of New York          Custom Figure 4. Excergy Client Locations Page 238 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  13  Pr o j e c t M a n a g e m e n t / Qu a l i t y A s s u r a n c e Pr e - I m p l e m e n t a t i o n / Im p l e m e n t a t i o n P l a n s Pr o c u r e m e n t / V e n d o r Ma n a g e m e n t Re q u i r e m e n t s & Sp e c i f i c a t i o n s Sy s t e m I n t e g r a t i o n / T e s t i n g / D e p l o y m e n t M g m t . St r a t e g i c P l a n n i n g / Te c h n o l o g y R o a d m a p s St a k e h o l d e r E n g a g e m e n t / Or g . C h a n g e M a n a g e m e n t Bu s i n e s s P r o c e s s D e s i g n Ot h e r S p e c i a l i z e d Co n s u l t i n g CIS System Recent Projects Halifax Regional Water Comm. (NS)          SAP Huntsville Utilities          SAP Intermountain Rural Electric Ass. (CO)         Harris, Cayenta Merced Irrigation District (CA)          S&S enQuesta Otter Tail Power Company (MN)       Harris, Cayenta Tacoma Public Utilities          SAP Project Descriptions Merced Irrigation District—Vendor Selection/Procurement & Implementation  Merced Irrigation District (MID) with 9,500 electric meter is the 25th largest public utility in California, supplying  electric service to commercial, industrial and residential customers in Eastern Merced County. In 2017, Excergy  was contracted to assist MID with vendor selection for contracts involving AMI and MDMS as well overall project  management oversite of AMI and Customer Information System (CIS) vendor selection, procurement and  implementation. Scope includes requirements definition, existing and to be IT infrastructure identification, and  vendor compatibility to ensure the vendors selected will meet the requirements for MID.  Excergy serves as the  program/ system integrator for the entire project, which is currently in the design and build phases with initial  functional testing coming soon. Systems go live is expected in the first quarter of 2021.   Green Mountain Power—CIS & AMI Services  Green Mountain Power (GMP) is an electric utility in Vermont serving 260,000 customers. Excergy’s John  Beichman performed services for the full duration of the project from CIS function and fit selection (Oracle CC&B),  business process mapping, business case development, implementation quality assurance, system integration test  plan, and executive advisor to the steering committee. John’s work at GMP started with the strategic discussion  around the viability of continuing with an existing CIS or moving to a different CIS application. He worked with the  GMP team and management to determine both functional and technical requirements, consulted on the full  selection process, including development of business use cases for requirements, selection and purchasing  strategy, and guided the team through the decision process itself. He stayed on with the implementation through  the resultant phases doing process mapping and development, integration test planning, QA and steering team  coaching. Project included extensive use of Oracle’s SOA products for integration, as well as deployment of MDMS  (Oracle) and full AMI (Elster) rollout.   Otter Tail Power Company—CIS Project Services  Otter Trail Power Company is an investor‐owned electric utility that provides electricity for 130,000 residential,  commercial, and industrial customers in Minnesota, North Dakota, and South Dakota. Their CIS replacement  project (Harris Cayenta) is currently underway. Excergy’s John Beichman performed initial services around  business process mapping and executive advising. He is also serving as the third‐party quality assurance and  steering team advisor monitoring the implementation project. Other Excergy personnel provided Organizational  Change Management advisory services for this project from alignment assessment through planning and support  Page 239 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  14  for implementation and testing. Project in progress; on time, on budget through Selection, Contracting, Analysis &  Discovery Phase, Testing.   Huntsville Utilities (AL)—AMI Business Case, Vendor Selection, & Implementation  Huntsville Utilities (HU) serves 320,000 electric, water, and gas customers. Excergy was contracted to assist HU  with creating the feasibility/business case for AMR/AMI as well as vendor selection for contracts involving AMI,  MDMS, and the Meter Installation Vendor (MIV). The project includes requirements definition and analysis of  benefits, existing IT infrastructure, meter populations, and vendor compatibility to ensure the vendors selected  will meet the requirements for Huntsville. Excergy guided HU through procurement evaluation and contract  negotiations for Landis + Gyr (AMI); Sensus (metering); Smart Grid Solutions / Aclara (Meter Installation);  Omnetric (MDMS). We were also selected as the program/system integrator for the entire project, which is  currently under deployment with an early 2020 completion date.   Tacoma Public Utilities (WA)—AMI Smart Grid Solution and Data Analytics Services  Tacoma Public Utilities (TPU) is the largest department in Tacoma City government, with an annual budget of  ~$1.2 billion and 1,378 employees. Excergy personnel are providing technical consultation, program management,  and systems implementation services for their AMI solution acquisition and deployment. Excergy’s scope of work  included business case update and validation; program/project management; procurement support; systems test  plan/acceptance testing; implementation of multiple project components, including AMI, MDM, SAP CIS, Web  Portal; Change Management Plan/Execution; Project Reporting; Transition/Training; Deployment Management;  and Business Process Transformation. Excergy was also selected to develop the Data Analytics operations at TPU  including governance, organization structure, vision, and use case development.  Page 240 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  15  E. Fee Proposal Excergy proposes to perform the enclosed Scope of Work for a not to exceed fee of $ 143,131 including expenses,  as shown in Table 4.   Expenses Travel expenses will be submitted for reimbursement on an actual and reasonable basis, and are estimated to be  $8,328, which will be invoiced monthly, at cost. Excergy does not charge for time spent traveling. Per diems are  not charged; however, if the City prefers per diems over actual expenses, we are happy to oblige.   Excergy will seek to minimize expenses through the use of government contractor rates and teleconferences  whenever possible.  Hourly Fee Schedule Excergy’s current hourly rate fee schedule is provided in Table 5 below. Note the Fully Burdened Labor Rates listed  below include all direct labor rates, benefits, taxes, overhead, general and administrative costs, any other indirect  costs and fee/profit. The rates exclude project travel costs such as airfare, train, lodging, tips, employee meals,  auto rental, auto rental fuel, personal vehicle mileage, airport parking, and taxi service, which will be billed at cost.  Table 5. Excergy 2020 Hourly Rate Schedule Role USD Bill Rate Executive Consultant $ 214.00 Senior Program Manager $ 214.00 Master Solution Architect $ 214.00 Principal Consultant $ 199.00 Project  Manager Executive  Consultant Principal  Consultant Joel Westvold John Beichman Patrick Noonan 199.00$      214.00$       199.00$       Total   92     7   7  106   $      18,308  $      1,498  $      1,393  $      21,199    4  31   53    88   $     796  $      6,634  $       10,547  $      17,977    40  51   4    95   $     7,960  $    10,914  $    796  $      19,670      220     9   9  238   $      43,780  $      1,926  $      1,791  $      47,497    9  18   53    80   $     1,791  $      3,852  $       10,547  $      16,190    7  22   31    60   $     1,393  $      4,708  $      6,169  $      12,270  Total Hours     372    138     157  667  Labor Price 74,028$      29,532$       31,243$         $    134,803  Reimbursable Expenses 5,552$     ‐$      2,776$         8,328$      Total Price 79,580$     29,532$        34,019$    143,131$         Task 1 ‐  Task 2 ‐  Task 3 ‐  Task 4 ‐  Task 5 ‐  Task 6 ‐  Project Management ‐ Delivery System  Testing & Acceptance Operational Transition & Training Task #/Description Project Management Functinoal Requirements/Solutions  Architecture RFP, Vendor  Selection& Contract  Negotiations Table 4. Not to Exceed Project Fee, Hours by Task, Staff Rates Page 241 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  16  Role USD Bill Rate Project Manager $ 199.00 Solution Architect $ 199.00 Software/Test Engineer $ 184.00 Consultant $ 184.00 Associate Consultant $ 169.00 Analyst $ 154.00 Admin $ 139.00 1.Billing rates for subsequent years will automatically be adjusted annually by 3.0 percent (3%) on a compound basis. 2.Billing rates will be automatically adjusted and increased by twenty-five percent (25%) for all time charges directly associated with the preparation and delivery of expert testimony. Taxes These rates and estimates are exclusive of taxes. The taxes relating to applicable services are the sole  responsibility of the City of Ukiah.  Assumptions The following general assumptions apply to this project plan:  ►Excergy’s pricing to implement this Scope of Work is based on a timely start and timely completion of tasks and subtasks. ►The City will handle any contractual matters with the selected CIS vendor. ►City personnel are available to support the project as needed for workshops, meetings, etc. ►Deliverable documents will be in Microsoft Office, including MS‐Word, PowerPoint, Excel, MS‐Project, Visio and Adobe PDF. Billing and Payment Terms Excergy will invoice the City of Ukiah monthly for actual labor and expenses incurred on the required tasks.   Payment terms are net thirty (30) days. Excergy reserves the right to charge one and one‐half (1.5%) percent per  month, or the maximum rate permitted by law, whichever is greater, on any balance remaining unpaid after thirty  (30)days. Contract Terms and Conditions Terms of this proposal remain valid for 90 days from date of submittal. Excergy Corporation reserves the right to  negotiate any terms and conditions of the written agreement relating to this Scope of Work for the City of Ukiah.  Page 242 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  17  F. Proposed Project Schedule Excergy’s proposed project work schedule is provided as Figure 5 below. We acknowledge that actual dates and  milestones will be adjusted when project planning is complete.   Figure 5. Proposed Project Schedule Page 243 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  18  G. Exceptions Excergy Corporation has reviewed the Scope of Services provided in Section 3 of the RFP, Insurance Requirements  for Consultants provided in Attachments A and B of the RFP, and draft Agreement for Professional Consulting  Services provided in Attachment A of the RFP, and takes no exceptions.   Page 244 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  A‐1  Appendix A: Resumes This section contains the full resumes of the following proposed key resources:  ►Joel Westvold ►John Beichman ►Patrick Noonan Page 245 of 281   Mr. Joel Westvold brings a unique perspective to addressing Smart Grid issues facing utilities based upon his experience in implementing programs at utilities and providing technology solutions to utility customers to meet their Smart Grid needs. With 35 years of experience, Joel has served in a senior management capacity for a large electric utility and as management executive with a technology solutions provider to the utility industry. While working for Portland General Electric, Joel led a team that implemented an award winning AMI project that involved the installation of over 800,000 electric meters, the network to communicate with the meters and integration of the technology with utility systems to gain the most financial benefit and efficiency possible. In his role with technology provider, Sensus, Joel led teams of Engagement Directors and Project Managers in the delivery of nearly a hundred Smart Grid projects, including an area of focus on several large projects of over 1 million meters/endpoints. Joel’s passion is doing everything possible to see clients succeed in their Smart Grid projects. He brings a number of skills ranging from project management, engineering expertise, strong people management, and communications at all levels within the organization. Work History / Project Experience Excergy Corporation – 2015 to Present Executive Consultant/Program Manager Greenville Electric Utility System, TX. Program Manager and Executive Consultant for Systems Integration, Analytics, Meter Installation and Deployment of AMI for 14,000 electric meters and water meters in the future. Halifax Regional Water Commission, Nova Scotia, Canada. Program Manager and Executive Consultant for Systems Integration, Analytics, Meter Installation and Deployment of AMI for 85,000 water meters. Scope managed also includes Organizational Change Management, Business Process, and Vendor Management activities. Tacoma Public Utilities, WA. Executive Consultant developing a Business Case Narrative to justify water and electric AMI deployment program. Huntsville Utilities. Program Manager for AMI Deployment of 187,000 electric meters, 92,000 water modules and 49,000 gas modules. The project involves physical deployment activities and Procurement/Vendor Selection, System Integration, Business Process and Organizational Change Management support. Contra Costa Water District, CA. Project Manager for AMI technology evaluation and strategy development. City of Santa Clara, Silicon Valley Power, CA. Program Manager for Systems Integration, Meter Installation Vendor Selection and Deployment of AMI for 50,000 electric meters. Scope managed also includes Organizational Change Management and Business Process activities. Merced Irrigation District, CA. Program Manager for AMI, CIS, and MDMS procurement and deployment for a 10,000 electric meter customer utility. Portland General Electric. Executive Consultant for a project to provide an analysis of Day 2 AMI opportunities to be formulated into a technical roadmap for future implementation. Scope included DMS elements. Santa Clara Valley Water District, CA. Project Manager for IT Strategic Plan development. JOEL WESTVOLD, PMP PROGRAM MANAGER Education Executive MBA University of Washington, Seattle (2005) B.S., Chemical Engineering Oregon State University (1983) Certified Project Management Professional, Project Management Institute Several professional development courses including six Sigma and other Quality courses Area of Expertise > Program Management > Corporate Management > Smart Metering > Utility Consulting > System Integration & Implementation Certificates and Awards Qualified as a Leadership for Excellence Instructor Certified as a Lead Nuclear Quality Auditor per 10CFR50, Appendix B Presentations & Publications > “Successful Utility Project Management – The Art and Science,” Co-instructor, DistribuTECH 2018 and 2019 > “Smart Metering 101 and Advanced Smart Metering,” Co- instructor, EUCI March 2018 > “Overcoming Challenges in AMI at Silicon Valley Power,” Co- presenter, DistribuTECH 2016 > “Update on Sensus Services Offerings,” Sensus Users Conference, November 2013 Page 246 of 281 JOEL WESTVOLD Page 2 Seattle City Light. Supported the AMI deployment of over 400,000 electric meters through the development and maintenance of an overall project plan/schedule. Sensus USA – 2010 to 2015 Senior Director, Customer Engagement Management responsibility for a group of Engagement Directors overseeing the delivery of Large Utility AMI projects including Southern Company, Philadelphia Electric, NV Energy, Portland General Electric, Sask Power, SMECO, Albuquerque Water, and others. Provided executive consulting to those utility clients to assure that their decision making process was sound and supported achievement of business objectives. Direct engagement responsibility for the Award winning 1.2M electric meter/150,000 gas endpoint NV Energy AMI deployment providing expert consulting to NV Energy senior management and assisting in the program management of the deployment effort from a Smart Grid/AMI technology vendor perspective. Also managed a group of over 50 Sensus Project Managers in the delivery of Smart Grid/AMI projects of all sizes for water, gas and electric utility customers. This included development of a standardized approach to project delivery to.enable efficient and effective implementation of projects. Management responsibility for the development and growth of the Sensus services business, providing Managed IT Services, Professional Consulting Services, Project Management, Training, and Technical Support Services. Portland General Electric – 2006 to 2010 AMI Director Management responsibility for the deployment of an 825,000 electric meter AMI project. Responsibilities included evaluating technology and deployment offerings, negotiation of contracts with technology and deployment providers, coordinating regulatory approval of the project, assembling and managing a team responsible for meter deployment, internal and external communications, network deployment, system acceptance testing, and integration of the AMI system with other utility systems and business processes This project was completed on schedule and within overall budget and derived the benefits committed to the Public Utilities Commission. The project also received the 2010 Utilimetrics Award for the Large Project of the Year. Also led the effort to develop an industry users group to share technical issues facing utilities implementing Smart Grid/AMI solutions and served as the first President of the organization. Portland General Electric – 2004 to 2006 Ethics and Compliance Manager Developed and implemented PGE’s Ethics and Compliance program, managing a small team of professionals that tracked compliance efforts and investigated potential ethics violations. Portland General Electric – 1989 to 2004 Various Nuclear Management Positions Held Project Management, Quality Assurance, Nuclear Oversight and Regulatory Affairs management positions within PGE, finishing with management of large decommissioning projects associated with Spent Nuclear Fuel storage and nuclear waste disposal at the Trojan Nuclear Plant. Sacramento Municipal Utility District – 1986 to 1989 Associate Engineer, Nuclear Engineering and Quality Assurance responsibilities in the operation of Rancho Seco Nuclear Power Plant. Department of Defense, Pearl Harbor Naval Shipyard – 1983 to 1985 System Test Engineer Responsible for testing of nuclear systems on submarines based in Pearl Harbor. Page 247 of 281 Mr. John Beichman has 30 years of information technology, application implementation, and system integration experience in a variety of industries providing direction and vision-driven leadership in a team-oriented setting. He has demonstrated a strong ability to understand business needs, find technical solutions and successfully implement those solutions. Articulate in presentations, public speaking and conversation, he grasps big picture situations and easily separates them into smaller manageable segments, exercising a balanced approach to complex situations. He has acquired experience as an implementer and consultant providing business, project management, and technical services to the utility CIS market as a project manager, solution architect, and process analyst serving the CIS marketplace. Specific CIS competencies include: >Developed multi-year project plans for multiple CIS implementations >Wrote functional and technical specifications for modifications to CIS systems including modifications for delinquency, charge calculation, bill print, service orders, notes, meter reading, and several modifications specifically in support of deregulation requirements >Wrote functional and technical specifications for interfaces between CIS systems and multiple other applications including ITRON handhelds, Interactive Voice Response (IVR), Cash Remittance Processors, Oracle financials General Ledger, Oracle financials Accounts Payable, and third party invoice printing and bill presentment providers >Managed the contractual and budgetary process between CIS vendors and their clients; the development of data conversion from legacy CIS systems to new CIS; the development and testing of modifications to CIS systems performed both by vendors and third-party system implementers; managed the development and testing of interfaces to and from CIS including the development of integration test plans; and the CIS defect and issue tracking processes >Developed AS-IS and TO-BE process mapping for all CIS- related functional areas at multiple clients Work History / Project Experience Excergy Corporation – February 2015 to Present Executive Consultant, CIS/CX/FIS Practice Director Provide consulting services to utilities in the areas of back office services including CIS, Consumer Experience, and Financial Information Systems. Suite 401 Consulting, LLC Waterville, Maine – 2010 to 2015 Sole Proprietor Provide management, technology and project consulting services to various clients including: JOHN C. BEICHMANCIS SME Education A.B. (Honors), Harvard University, 1978 M.S., Information Resource Management, Syracuse University 1983 Area of Expertise >CIS and billing >Bill design & Electronic bill presentment >Utility Customer Experience Strategy >Utility Call Centers >Business & IT Plans >Change Management >Business Analysis >Project Quality Assurance >IT Strategy >Technology Evaluation and Deployment >Business Requirements Identification >Process Improvement >Strategic Planning >Major System Implementations Project Management >Cross-Functional Team Leadership >Team Motivation >Staff Management Industry Experience Includes: >Utilities: Electric, Gas, Water, Green Power, Municipal and IOU >Non-profit >Manufacturing both Discrete and Process Page 248 of 281 JOHN C. BEICHMAN Page 2 Otter Tail Power, Fergus Falls MN: Delivered process mapping training and services delivery in preparation for CIS selection and implementation. Provided management consulting to both steering and project teams. Currently providing QA services. EMTEC/First Advantage, Indianapolis, IN, Atlanta, GA & St. Petersburg, FL: Project manager and functional solution architect for a multi-million dollar multi-source invoicing integration project for a 350M financial services company post M&A. Work involved business process mapping, executive level advising, project management including oversight of off-shore development resources and quality assurance for system integration. Green Mountain Power, Burlington VT: Provided oversight and quality control on selection of software for DOE funded Smart Grid Projects. Lead business process mapping training and service delivery in preparation for new Smart Grid systems’ implementation. Provided management consulting to steering team, quality control oversight, wrote integration test plan, oversaw and provided transition services change of project leadership team, developed integrated project plan across multiple vendors, developed system test and performance test plans. GAS RECOVERY SYSTEMS (GRS), Livermore, California – 2002 to 2007 Served as Chairman and Independent Director/Trustee for this landfill based gas and electric power producer with 28 generation plants producing 124 megawatts of green power in 8 U.S. states with over $55M in annual revenues. He was Entrusted with business liaison operations and strategic activities associated with environmentally sensitive / highly regulated power plants. Spearheaded collection of acquisition debt payments required to support cash flow. Provided approval authority for annual and multi- year operational / capital budgets as well as establishing audit committee and granting agreement on all audited financial reporting and taxes. REKADOM, INCORPORATED, Waterville, Maine – 1998 to 2003 As Founder and President he provided implementation and consulting services for electric, gas, water, municipal and investor owned utilities serving 3 countries and 10 U.S. states with annual revenue in excess of $3.0M. He provided CIS executive level consulting services and/or project management at AllEnergy, LLC, Charlotte County Utilities, Citizen’s Gas & Coke Utility, City of Provo Power & Water, Jamaica Public Service Company, Lee County Electric Co-operative, Philadelphia Suburban Water, Public Service of New Mexico, TNPE, Inc., and Toronto Hydro Electric System. SOLE PROPRIETOR, Waterville, Maine – 1997 to 1998 Delivered Information Technology and project management consulting services as a business liaison operating between multiple parties to plan and execute system integrations for a utility client, generating over $240K in revenue. BANGOR HYDRO-ELECTRIC (wholly owned subsidiary of Emera, Inc.), Bangor, Maine – 1994 to1997 For this provider of electrical / utility services to more than 110,000 customers, performed as the project manager for the implementation of a new CIS and oversee general technology changes that drove a 5 year technological plan. Partnered with a business project manager and served as liaison to strategize on projects. Created cross-functional IT and business project team of 12 initial core individuals, growing to a peak of 28 including contractors and vendor personnel. Mr. Beichman delivered critical project milestones while keeping within the $7M budget despite a grossly underestimated vendor project cost proposal, decreased employee costs over $250K annually as a result of automating billing for a large industrial customer base, reduced inaccurate meter reading over 90% and avoided re-bill activities due to automating the meter reading system with data integration into the customer information system, and saved over $160K per year due to eliminating walk-in payments at remote offices. Page 249 of 281   Patrick Noonan has 25 years of experience providing technical and management consulting services for geographic information systems (GIS), AMI and other information technology initiatives. He is an expert in providing IT and management consulting services for geospatial and related technology project implementations. His expertise includes providing solution architecture, strategic planning, business process, testing program management, training, implementation and integration services to utilities and municipal organizations nationwide. His experience includes business process design for GIS maintenance and implementation, AMI and OMS; as well as data conversion and conflation, including specifications, design, management, data modeling and database design, as well as Water utility conflation/conversion and program management. Patrick has conducted software development lifecycle testing and training program development and management for large, multi- interface project implementations, and has coordinated product vendor, testing vendor, end user testing, and deployment roll-outs for large multi-year IT programs. Work History / Project Experience Excergy Corporation – 2016 to Present Principal Consultant/Solution Architect Mr. Noonan is responsible for expanding the firm’s GIS capabilities and service offering and for developing testing and training programs to support project implementations. He is also responsible for IT architecture specific to Smart Meter operational technologies. Representative projects include: Tacoma Power, WA. Project manager and GIS SME. Captured use cases and developed a geospatial roadmap & governance plan to support the utilities migration and evolution from GESW and OMS to Esri and ADMS. Intermountain Rural Electric Association (IREA), CO. Solution architect supporting the implementation of a graphic work design solution that is integrated with its Esri ArcGIS. Merced Irrigation District, CA. Test engineer and solution architect responsible for overseeing the integration and user acceptance testing for MID’s electric AMI meter replacement project. Chelan County Public Utilities District, WA. Helped analyze and provide recommendations to help finalize the County’s IT/OT strategic roadmap. City of Fort Collins Utilities, CO. Project Manager and GIS SME. Captured geospatial data, desktop utilization, mobile usage, and integration requirements to develop a 10-year strategic technology roadmap comprised of six business releases. Later served as enterprise architect to capture integration requirements between CIS, AMI, Asset Management, ADMS, and GIS applications. Also previously served as test engineer for Maximo – Data Splice asset and work management application deployment. Silicon Valley Power, CA. System architecture and test engineering to identify AMI MeterConnect components and determine required testing to support a soft launch of SVP’s AMR to AMI migration. Halifax Water, Canada. Test engineer responsible for developing, administering, documenting, and troubleshooting test cases for the utilities AMI project implementation. PATRICK J. NOONAN, GISP SOLUTION ARCHITECT Education M.S., Geography University of South Carolina B.S., Economics and Geography University of California, Santa Barbara Areas of Expertise >IT Strategic Planning >Systems Architecture Design >Testing and Training >Project Management >Business Process Modeling and Optimization >GIS Program Implementation Certifications Certified Geographic Information Systems Professional (GISP), #91783 Publications & Presentations >“Challenges to Implementing an Enterprise GIS Landbase Maintenance Program,” GIS in the Rockies, September 2016 >“Enterprise GIS Best Practices,” GIS in the Rockies, September 2009 > “Digital Plan Submittal City of Charlotte/Mecklenburg County.” ESRI Users Conference Proceedings, July 2003. >“Water Data Model Development within Charlotte-Mecklenburg Utilities.” ESRI Users Conference Proceedings, July 2003. Page 250 of 281 PATRICK J. NOONAN Page 2 ElectriCities, NC. IT Roadmap creation to identify strategies, gaps, projects, and technologies to support ElectriCities services footprint over the next five-ten years. Project is considering how to include “disruptive technologies” such as Distributed Energy Resources, Cyber Security, etc. as part of overall IT strategy. Cyient Inc. & Southern California Edison – 2011 to 2015 Business Architect and Senior Technical Consultant Mr. Noonan was responsible for maintenance, analytics, and reporting solutions for the companies centralized GIS project, including business process design, requirements, design, and support during implementation. He served as a conduit between customer and offshore technical team and as a catalyst for landbase strategy and maintenance implementation to support utility GIS using Map 3D, GESW, and Esri platforms with Oracle Spatial DB. Specific engagements include: Southern California Edison, CA. Phase I – Business Architect for Cyient team to assist with data conflation and consolidation requirements, database design, system interface and application design, and with system and user acceptance testing. Southern California Edison, CA. Phase II – Senior Business Analyst working for SCE responsible for landbase maintenance, CIS meter mapping automation, and GIS web viewer programs including business requirements, artifacts to support system requirements, business process, integration, system, and user acceptance testing, deployment rollout, training, and ongoing program support. PJN Consulting, Inc. – 2001 to 2016 President and Principal Xcel Energy, MN. GIS architecture assessment to identify strengths and weaknesses of the utility’s existing enterprise GIS program. Over thirty recommendations were presented by Mr. Noonan for improving the utilities GIS architecture. Southern California Edison, CA. Solution architect and senior business consultant for multi-year GIS implementation project to re-conflate utility data to single data repository and then utilize new and legacy applications for data maintenance. Gwinnett County, GA. Business process and pilot project implementation for electronic plan submittal service offering to development community to expedite plan design review. Orange County, NC. System integration process mapping for integrated land records system between multiple County departments. City of Charlotte, NC. Developed a three year strategic plan for enterprise GIS program development and managed implementation of several of the initiatives that were identified. Charlotte-Mecklenburg Utilities, NC. Project consultant for starting GIS program transforming organization from paper and CAD records management to centralized GIS database. City of Indianapolis, IN. Developed a four year Strategic Plan for the City’s GIS Team to identify strategic objectives and establish budgeting requirements. Convergent Group/UGC Consulting – 1995 to 2001 Senior Technical Consultant and Project Manager Mr. Noonan served as a senior member of the Public Sector Client Services Division and as a subject matter expert in GIS and land records management. His experience included project management, cost benefit analysis, GIS conversion specifications, database modeling and design, data conflation, GIS application requirements, business process design, and user needs assessments and requirements gathering. Key clients included Mecklenburg County, Charlotte, NC; Grand Valley REGIS, Kent County, MI; City of Grand Rapids, MI; City of Indianapolis/Marion County, Indianapolis, IN. Page 251 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  B‐1  Appendix B: Additional Information While not part of the proposed scope of services requested in the RFP, we are providing a description of our  holistic project approach that many of our customers choose to follow during CIS implementation. Excergy  believes it is important to consider not only the technology but also the people and process aspects of the  implementation. This information is provided to assist the City in understanding our full capabilities to support  your CIS Project Management engagement.  Business Process Transformation  With the implementation of a new technology, the processes used by the utility may need to change to most  effectively take advantage of this technology. These changes will likely improve the efficiency of the City and have  a positive impact on customer service.  Excergy approaches business process transformation by first conducting a business process impact assessment to  identify the existing organizations, business processes, and systems that will be impacted by the selected CIS  software implementation. This assessment initiates the appropriate business process reengineering activities to  prepare for the CIS solution.  Once the assessment is complete, Excergy employs a three‐stage implementation to effectively transform the  utility’s business processes. The first stage prepares for the CIS vendor workshops and produces estimated to‐be  business process models for the project and its impacted technologies and business. The second stage produces  additional models that were not needed for the vendor workshops and produces a complete set of materials. The  third phase refines these models based on the Design/Build Phase of the project and development activities that  occur as the vendor design decisions are finalized.  In the first and second stages of Business Process work, Excergy facilitates business process assessment sessions  with the utility to identify the day‐to‐day business processes that will be affected by the CIS project. Initially, the  sessions address the “as‐is” or current business practices, and then produce a baseline set of “to‐be” future state,  new CIS technology enabled, business processes. To accomplish this, Excergy uses our reference models, vendor  information, and past experience to facilitate these sessions. Gaps are identified between each CIS enabled  business process and the utility’s existing business processes.  Our reference models provide a baseline “to‐be” state for the process workshops and are organized by the major  process groupings, such as:  ►Manage customer interactions and customer service. ►Schedule, assign, perform, and close field work specifically related to customer service. ►Provide back‐office support. The goal of the workshop sessions is to assess the following:  ►If the CIS enabled business processes accurately reflect the utility’s goals and vision and to ensure alignment with the culture, organization, and any other applicable constraints (such as the governing body). ►At a high‐level, the major known gaps, benefits, and risk areas associated with the future state, CIS enabled, business processes. Page 252 of 281 RESPONSE TO UKIAH RFP FOR CIS PROJECT MANAGEMENT SERVICES  B‐2  Stakeholder Engagement & Communications  Of the many lessons learned in CIS projects over the past decade, one of the most  important is how critical it is to plan, manage, and engage stakeholders to build  understanding and align expectations. For municipal utilities, effective engagement is not  only essential to successful project implementation, but also aligns with and enhances the  historic relationship between the utility and the community it serves. Excergy staff  managed the research and development of APPA’s Smart Grid Customer Engagement  Essentials. We also received recognition from the Department of Energy as best‐in‐class  for ARRA smart grid communications efforts. This work combines with our planning and  implementation experience for effective strategy and efficient implementation.  Both internal and external stakeholders need to be engaged to address the needs of the community and support  successful project implementation. Working with staff, Excergy consultants assess overall stakeholder  endorsement levels and methods used, then develop engagement strategies leveraging—and perhaps  expanding—those methods.   The goal of stakeholder engagement is to effectively inform and engage the supporters while minimizing the  impact of resistors, by offering factual responses to concerns and options to meet their needs. For example, there  are three known topics of concern that must be addressed in CIS projects: (1) price/rates; (2) privacy and data  security; (3) data accuracy. Although public resistance to CIS projects is minimal, recent experiences indicate that  utilities must be prepared and address these issues nonetheless.   Excergy develops clear plans for Stakeholder Engagement/ Communications that leverage existing utility practices  and address both strategy and tactical implementation.   Organizational Change Management  The transformative nature of technology projects requires that staff adjust work processes and routines to  effectively use the systems and realize the significant benefits both internal and external to the organization. This  change needs to be handled efficiently and effectively thereby reducing staff apprehension and providing the  tools they need to succeed. This task supports successful project implementation through internal OCM.   Effective OCM is grounded in basic human psychology, starting with addressing each individual’s question,  “What’s in it for me?” Once that is addressed, there is receptivity to building the knowledge necessary to influence  attitudes and support behavior change, such as a new way of performing job duties. For example, in the case of  CIS projects, reassignment of certain staff (e.g., customer service and billing personnel) based on the new  technology capabilities is an issue that must be forthrightly addressed early in the process.  Over the past few years, effective OCM has been recognized as a critical success factor for technology project  implementation. The job of change management is to fundamentally move people as efficiently and effectively  from the current state to high performance in the new environment.  Excergy works with utilities to develop an OCM approach that includes practical and effective activities designed  to support the transition of people and processes to realize the benefits of the new technology. This OCM plan  provides strategies and details tactics that maximize performance prior to, during, and after the technology  implementation.  Excergy uses a proprietary Alignment Optimization methodology, which is based on Nobel Prize‐winning work on  how individuals and teams make effective decisions and take coordinated action. This technology‐enabled  consulting methodology—combined with traditional consulting and facilitated workshops—creates both a unified  vision and a powerful drive toward effective implementation.  Experience shows that having a clear and unified vision for a technology project from the outset greatly enhances  project success.  Page 253 of 281 ATTACHMENT 2 Page 254 of 281 Page 255 of 281 Page 256 of 281 COU 2021-089-A2 CITY OF UKIAH AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN EXCERGY LLC and THE CITY OF UKIAH This Amendment No. 2, entered on April 7, 2022 revises the Agreement for Professional services dated July 7, 2020 between the City of Ukiah and Excergy LLC, a part of E Source Companies LLC, for professional consulting services relating to project management services for the replacement of the City’s Utility Billing Customer Information System (CIS). This Amendment No. 1 adds $55,000, with a monthly-not to exceed value of $7,352, retroactive to February 2022. This revises the total, not-to-exceed amount to $233,131. Except as expressly amended by this Amendment, all other terms remain unchanged and in full force and effect. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT ON THE EFFECTIVE DATE: CONSULTANT BY: DATE: PRINT NAME: CITY OF UKIAH BY: DATE: SAGE SANGIACOMO, CITY MANAGER ATTEST BY: DATE: KRISTINE LAWLER, CITY CLERK Attachment 3 Page 257 of 281 Page 1 of 2 Agenda Item No: 11.a. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1491 AGENDA SUMMARY REPORT SUBJECT: Conduct a Public Hearing and Receive the Measure P Oversight Board Report and Findings for 2019 and 2020 and Disband the Committee Per Resolution 2014-28. DEPARTMENT: Police PREPARED BY: Noble Waidelich, Chief PRESENTER: Police Chief Noble Waidelich ATTACHMENTS: 1. 2014-28 CC Reso - Establishing Expenditure Plan for Public Safety and Oversight Board 2. Measure P Financial Report, FYs 2019 and 2020 Summary: During the summer of 2014, the Ukiah City Council approved Resolution 2014-28 establishing a spending plan for Public Safety and the creation of an Oversight Board to make reports on the public safety plan. In February of 2022, the City Council selected the Oversight Board, which has now met and reviewed the Measure P Annual Financial Report. The purpose of this public hearing is to report on the Measure P Oversight Board’s findings. Background: During the summer of 2014, the City of Ukiah began the effort to renew Measure S, a ½ cent sales tax. During this process, the City Council unanimously approved Resolution 2014-28 (Attachment 1), which established an expenditure plan for public safety and an Oversight Board to make periodic reports on the performance of the public safety spending plan. The Ukiah City Council also unanimously adopted Resolution 2014-29, which was placed on the November 2014 regular municipal election ballot, calling for the extension of the one-half percent general sales tax without a sunset clause. In November of 2014, 76% of Ukiah’s participating voters approved Measure P. In February of 2022, the Ukiah City Council selected and appointed a Measure P Oversight Board to participate in the process and conduct the review for Fiscal Years 2019 and 2020. The selected members included Anothony Selvitella (representing Ukiah Fire), Max Brazill (representing Ukiah Police) and three at- large members; Edward Eversole, Roe Sandelin, and Larry Olson. The Measure P Oversight Committee met on March 15, 2022, and reviewed and discussed the City’s Measure P Annual Financial Reports. Discussion: At the March 15, 2022, Measure P Oversight Board meeting, the committee members met, along with City of Ukiah representatives, Kristine Lawler, Daniel Buffalo, and Noble Waidelich. To begin the process, City Clerk Lawler issued the Oath of Office to the committee members. Finance Director Daniel Buffalo reviewed the City’s Annual Measure P Financial Reports for FY 2019 and FY2020, and the Oversight members asked questions concerning the Public Safety budgets and overall staffing needs of both Police and Fire. (Attachment 2) The committee discussed Police and Fire services within Ukiah, and the response area of the Ukiah Valley Fire Authority. The committee discussed the fact that costs of services have increased over the years. The committee discussed what revenue options were available to Police and Fire services and how annexation Page 258 of 281 Page 2 of 2 could increase revenues and or benefit the service area. The committee voted unanimously to adopt the City’s Annual Measure P Financial Reports, in which funds were spent in alignment with the Measure P expenditure plan incorporated in the resolution for FY 2019 and FY 2020, which includes staffing levels, and the historical expenditure of funds to support public safety. The committee did not require any additional documentation, or have any additional concerns regarding the expenditures. Recommended Action: Resolution 2014-28 directs the City Council to conduct a Public Hearing, receive the Measure P Annual Financial Report, and if no further action is desired, disband the committee. Citizen advisement: Notice to be published in Ukiah Daily Journal no less than 10 days prior to the Public Hearing, placed in the Civic Center Public Binder and available for public review on the City's website at http://www.cityofukiah.com/projects/notices-and-bulletins/ under the Public Notices tab. Measure P Oversight Committee members. BUDGET AMENDMENT REQUIRED: None CURRENT BUDGET AMOUNT: PROPOSED BUDGET AMOUNT: FINANCING SOURCE: PREVIOUS CONTRACT/PURCHASE ORDER NO.: COORDINATED WITH: Sage Sangiacomo, City Manager; Dan Buffalo, Finance Director; Douglas Hutchison, Fire Chief; and Kristine Lawler, City Clerk. Page 259 of 281 RESOLUTION NO. 2014-28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING AN EXPENDITURE PLAN FOR PUBLIC SAFETY AND AN OVERSIGHT BOARD TO MAKE PERIODIC REPORTS ON THE PERFORMANCE OF THE EXPENDITURE PLAN WHEREAS: I 1. The City of Ukiah is 47 square miles in size, but is surrounded by additional urban areas and residential subdivisions within an unincorporated portion of Mendocino County. The Ukiah Valley is the most populous portion of Mendocino County, containing, at least, 2/ 3 of the total county population; and 2. The California Department of Finance estimates the population of the City of Ukiah ("City") Ias of January 1, 2004, at 15,907 people and 16,185 as of January 1, 2014; and 3. Ukiah is the County Seat for Mendocino County and a commercial center for Mendocino County, Lake County, Southern Humboldt County and Northern Sonoma County; and I4. As such during business hours, the City population swells to perhaps as many as 40,000 people, including people who work, shop and receive services in Ukiah; and 5. Ukiah also is located on U.S. Highway 101, which is the major north-south highway west of I Interstate Highway 5, and links southem California to Northem California and Oregon; and i 6. Consequently, a small city with a population of 15,907 people in 2004 and 16,185 in 2014 must provide law enforcement, fire protection and emergency medical services to a day time population of 40, 000, and respond to emergencies within the City, on U.S. Highway 101, and on a mutual aid basis within the larger Ukiah Valley; and 7. Public safety services are a general fund obligation of the City, which receives revenues from ad valorem property taxes, sales taxes and vehicle license fees. The City receives only 1% of the gross receipts from taxable retail sales within the City and less than 10% of the property taxes collected from real property located within the City; and 8. While population within the Ukiah Valley and City of Ukiah has grown over the last 30 years, calls for police services have also grown significantly. Calls for police services hasI increased from around 2500 calls in 1969 to over 25,000 in 2014, or by 1000%. Calis for service have increased in virtually every category, including assaults with weapons, burglary, thefts and shoplifting, drugs, sexual assaults and domestic violence; and 9. In contrast, between the years 1989 and 2003, the number of sworn officers in the Ukiah Police Department has remained constant at 28 officers; and 10. Calls for fire services have also grown. Between 1986 and 2012, fire calls increased 61% Ifrom1.353 in 1986 to 3,277 in 2012; and 11. In 1988, the Ukiah Valley Fire District contracted with the City of Ukiah to provide fire I services. The combined fre department had 15 firefighters; and 12. In 1988, the Ukiah Valley Fire District and City of Ukiah fire departments elected to I independently provide fire services to their communities. Over the next 20 years, City of Ukiah Fire Department continued to provide at least 15 firefighter staffing; and 13. In 2003, due to the State of California's budget deficit, the City's general fund revenues were decreased significantly; and I ATTACHMENT 1 Page 260 of 281 I I 14. As a result, the City was faced with substantial deficits for fiscal years 2004-2005, which required lay-offs or other reductions in expenditures for public safety services in the City; and 15. These budget deficits lead to deferment of equipment replacements, including fire engines, the City's ladder truck and police patrol cars; and 16. To address the significant demands of an increased public safety workload and provide funding for necessary equipment, in June of 2005, the Citizens of Ukiah passed by a majority vote, Measure S, a '/z cent general sales tax measure ("Measure S Sales Tax"), and Measure T, an accompanying advisory measure, which said that the first priority for additional sales tax funds should be support of essential public safety services; and 17. Measure S provided funding that has been used to increase the Police Department staffing from 28 sworn officers to 32 sworn officers. The 4 additional officers (one per work shift) were added to address workload increases and decrease response times; and 18. Measure S allowed the Fire Department to replace aging fire equipment, including the I City's essential ladder truck, and other fire vehicles, and maintain a staff of at least 15 firefighters, with at least 4 firefighters on duty per shift for emergency services; and 19. In 2008, the Nation, State of California and the City of Ukiah, experienced a recession which significantly reduced city revenues from sales taxes, including revenues received from Measure S. Due to these budget deficits, the City's general fund revenues were significantly decreased; and 20. This unanticipated nation-wide recession forced the City of Ukiah to eliminate open positions, layoff personnel and reduce general fund budgets; and 21. Over the last six years, every employee in the City of Ukiah has had a 5% reduction in pay, and absorbed increases to their health insurance costs, in addition to various unpaid I furloughs and reduced work hours which were made necessary by significantly reduced sales and property tax revenues ; and 22. The City of Ukiah fully complied with the PERS retirement cost reductions, reducing retirements costs for new employees; and 23. The Police Department was reduced over a two year period from 32 sworn officers to 30 sworn, then 26 sworn officers, because of the 2008 recession and reduction in General Fund revenues and Measure S revenues; and i 24. The Fire Department operated ambulance service was eliminated as an additional measure to economize in response to the 2008 recession and reduction in Measure S Sales Tax and General Fund revenues, because the cost of the ambulance service exceeded the limited compensation from reduced Medi-Cal and Medi-Care reimbursements; and 25. As the economy improved, and General Fund revenues and Measure S Sales Tax revenues have been restored to the levels prevailing before the 2008 recession, the City of Ukiah has worked to improve public safety services to the Ukiah community; and 26. For a two year period commencing January 1, 2014 and ending on December 31, 2015, the City of Ukiah and the Ukiah Valley Fire District have entered a contract to provide fire services to the entire Ukiah Valley and City of Ukiah; and i Page 261 of 281 I 27. This agreement has increased the available on-duty firefighting staff to 18 firefighters, (11- City paid personnel, 6-District personnel, and shared Fire Chief ) a combined two- department volunteer firefighter force, with an increased firefighter capacity to at least 6 firefighters on-duty each day for firefighting and Paramedic medical services; and 28. The City Council has reauthorized the Police Department to increase staffing back to 32 sworn officers. The additional officers (which allow for an extra officer per work shift) were added to address workload increases and decreased response times; and 29. Unlike the City's 1% share of the current 825% statewide sales tax, all sales taxes produced by Measure S must remain in the City of Ukiah. These taxes cannot be taken away by the State of California. Although enacted as a general tax which can lawfully be used for any municipal purpose, the City Council has and by this resolution will continue to place the Measure S Sales Tax revenue in a designated account within its budget and financial statements so that its use for public safety services can be reviewed, audited and accounted for; and 30. In addition, it is the intent of this resolution to commit the City to maintain the amount of general fund revenues supporting public safety at or above current levels. This resolution also commits the City to maintain the current level of public safety services, including a minimum of 32 sworn police officer, and the level of fire prevention and protective services commensurate with the City of Ukiah's portion of any City and District contractual agreement forjoint fire, paramedic and fire prevention operations; and 31. Measure S will sunset in September of 2015. Without the continuation of Measure S Sales Tax revenue, the City of Ukiah could not maintain current Police and Fire services. Without Measure S Sales Tax revenues, the City of Ukiah would be forced to reduce or eliminate some or all of these essential public safety services. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. EXPENDITURE PLAN: While the revenue received by the City from Measure S Sales Tax is unrestricted general fund revenue, by this resolution, the City Council commits to using these revenues to provide public safety services. "Public safety services" means law enforcement and crime prevention services provided by the Ukiah Police Department, and fire protection and prevention and emergency medical services provided by the Ukiah Fire Department, by contract with the Ukiah Valley Fire Protection District or any other arrangement approved by the City Council. These taxes may be used to pay for such public safety services expenses as the training and salaries, including overtime and specialty pay, and fringe benefits, of public safety officers and support staff working in the Police Department and of firefighters, emergency medical technicians and support staff providing fire prevention and protection services to the City. These funds may also be used for operating expenses, and the purchase of vehicles, equipment and supplies, and capital improvements used exclusively for Public safety services. A. Accountinq for Public Safetv Services Revenue. In each fiscal year commencing with the 2014-2015 fiscal year, for purposes of accounting for the use of these revenues, the City shall continue to credit to an account or fund in the City's budget and financial records, to be designated by the Finance Director, all of the following: (1) Measure S Sales Tax revenue; and (2) "Public Safety Revenue" which is the revenue produced by the Police and Fire Departments. I 3 I Page 262 of 281 B. Minimum level of Public Safetv Services. The City shall maintain a minimum level of public safety services, but nothing in this resolution prevents the City Council from establishing a higher level of public safety services, reorganizing or changing the method of providing public safety services or reducing staffing for public safety where required by financial necessity resulting from circumstances beyond the control of the City, such as a prolonged recession like the one experienced in 2008 or other prolonged and substantial reduction in general fund revenues. The minimum level of public safety services shall be the level of such services available in the City in the 2014-15 fiscal year, including the following: (1) thirty-two 32) full-time peace officers as defined in Penal Code Section 7 and Title 3, Part 2, Chapter 4.5 commencing with Section 830), and the level of fire prevention and protective services commensurate with the City of Ukiah's portion of any City and District contractual agreement for joint fire, paramedic, and fire prevention operations . 2. OVERSIGHT COMMITTEE. Every two years after the Effective Date of Ordinance No. 1149, extending the Measure S sales tax, the City Council shall appoint five people to an Oversight Committee" the only function of which shall be to review the City's budget for public safety services and the expenditure of the revenues so budgeted. The persons appointed to the Oversight Committee should represent a broad range of interests in the City, including such interests as business owners, ethnic minorities, (1) Ukiah City firefighter, (1) Ukiah City peace officer, homeowners and tenants. The City Manager shall provide the Oversight Committee with any information it requests which is not exempt from disclosure under the California Public Records Act and shall assist it in i organizing and analyzing the information so provided. The Oversight Committee must prepare a written report which shall be presented to the City Council at a noticed public hearing and which shall be available to the general public for not less than 10 calendar days prior to the scheduled hearing date. The report shall contain an analysis of the level and types of service provided by the City's police department and fire department or other arrangement approved by the City Council, the revenues and expenditures of the designated fund or account. It shall also make recommendations concerning the future use of these funds and levels and types of service. The Oversight Committee shall dissolve after it files its report with the City Council, until a new Oversight Committee is appointed for the next two year review. 3. ACCOUNTING FOR MEASURE S SALES TAX REVENUE. All Measure S Sales Tax revenues and all interest on said revenues shall be credited to the designated fund or account and shall be designated for use in accordance with this Resolution. PASSED AND ADOPTED ON JUNE 24, 2014, BY THE FOLLOWING ROLL CALL VOTE: AYES: Councilmembers Scalmanini, Crane, Thomas, Landis, and Mayor Baldwin NOES: None ABSENT: None ABSTAIN: None Philip E. Idwin, Mayor I ATTEST: s. i _ G , - Kristine Lawler, City Clerk 4 Page 263 of 281 Measure P Oversight Committee Fiscal Compliance Report Fiscal Years 2019 and 2020 ATTACHMENT 2 Page 264 of 281 Fiscal Year 2019 Page 265 of 281 Measure P - Fiscal Year 2018-19 Measure P, passed by a simple majority (50 percent plus 1) of Ukiah voters in November of 2014, is a general (unrestricted) transaction and use tax. A general, unrestricted tax is one that can be used to fund any program, function, service, or project at the discretion of the City Council. It is not a special, restricted tax, which would require approval of two-thirds of the voting public. It continued a sun-set transaction and use tax, known as Measure S (2005), accompanied by an advisory Measure T (2005). Measure P, however, was passed with no advisory measure. The purpose of Measure P is to augment public safety expenditures to provide a higher level of police and fire service to the community. Amounts collected from the tax are to be used in addition to the commitment of the General Fund and not in replacement of. The following graph demonstrates how the past revenue measure (S) and now Measure P have been employed with relation to the General Fund. Page 266 of 281 Every year, the City Council appropriates resources in the amount of revenue expected from Measure P for projects, programs, and activities that are in the spirit of the measure. The City Council has committed these funds to enhance the General Fund activities in public safety. Below is a schedule of what those were and what resources were allocated to them. Measure P Baseline Increase Expenditure Uses by Category FY 2014-15 FY 2018-19 (Decrease) Police: Sworn officers 32 34 2 Misc personnel 18 19 1 Personnel 6,049,608$ 5,986,885 (62,723)$ Operations 2,660,085 2,492,717 (167,368) Capital 186,594 261,265 74,671 Total police 8,896,287 8,740,867 (155,420) Fire: Firefighters: City 11 19 8 UVFD1 6 0 (6) Personnel 1,506,406 2,010,994 504,588 Operations: Contractual 516,180 263,765 (252,415) Other 530,822 1,357,198 826,376 Capital 30,400 5,183 (25,217) Total fire 2,583,807 3,637,140 1,053,333 Total public safety 11,480,094 12,378,007 897,913 Dedicated Revenue Sources Measure P transaction and use tax 2,465,521 2,972,334 506,813 Public safety revenue: Police2 1,001,861 830,514 (171,347) Fire 37,235 128,898 91,663 Other revenue - - - Total revenue 3,504,617 3,931,746 427,129 Excess (deficiency) revenues over expenditures (7,975,477) (8,235,405) (259,928) Other Financing Sources General revenues, general fund 7,975,477 8,235,405 259,928 Remaining resources -$ -$ -$ Notes: 1) UVFD personnel were transferred to the City in 2018 as permanent City employees. UVFD contracts for all fire services through the City. 2) Includes external revenue for dispatch services. 3) UVFD personnel were transferred to the City in 2018 as permanent City employees. UVFD contracts for all fire services through the City. Uses and Sources Public Safety Activities Comparative Source: City of Ukiah Comprehensive Annual Financial Report, Fiscal Year Ended June 30, 2019 Page 267 of 281 Fiscal Year 2020 Page 268 of 281 Measure P - Fiscal Year 2019-20 Measure P, passed by a simple majority (50 percent plus 1) of Ukiah voters in November of 2014, is a general (unrestricted) transaction and use tax. A general, unrestricted tax is one that can be used to fund any program, function, service, or project at the discretion of the City Council. It is not a special, restricted tax, which would require approval of two-thirds of the voting public. It continued a sun-set transaction and use tax, known as Measure S (2005), accompanied by an advisory Measure T (2005). Measure P, however, was passed with no advisory measure. The purpose of Measure P is to augment public safety expenditures to provide a higher level of police and fire service to the community. Amounts collected from the tax are to be used in addition to the commitment of the General Fund and not in replacement of. The following graph demonstrates how the past revenue measure (S) and now Measure P have been employed with relation to the General Fund. - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 2008-09 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-17 2017-18 2018-19 2019-20 Measure S/P Over Time Revenue to Expenditures Fiscal Years 2009 to 2020 Police expenditures Fire expenditures Measure S/P revenue General revenues Page 269 of 281 2014-15 2019-20 Variance with Baseline Actual Baseline REVENUES Measure P $ 2,465,521 $ 3,372,183 $906,662 Public safety revenues: Police 1,001,861 703,158 (298,703) Fire 37,235 41,655 4,420 Prop 172 53,471 97,719 44,248 General revenues (general fund)7,922,006 8,601,652 679,646 Total revenues 11,480,094 12,816,367 1,336,273 EXPENDITURES Current: Police 8,709,693 8,876,781 (167,088) Fire 2,553,407 3,643,341 (1,089,934) Total current 11,263,100 12,520,122 (1,257,022) Capital outlay: Police 186,594 5,131 181,463 Fire 30,400 291,114 (260,714) Total capital outlay 216,994 296,245 (79,251) Total expenditures 11,480,094 12,816,367 (1,336,273) Excess (deficiency) of revenues over expenditures $-$- $- PERSONNEL Police: Sworn 32 34 2 Miscellaneous 18 19 1 Total police 50 53 3 Fire: City 11 19 8 UVSD 6 - (6) Total fire 17 19 2 Notes: 1) Excludes parking enforcement expenditures and associated revenue. 2) Excludes dispatch service revenue, except for general fund contributions. 3) Includes a temporary reduction in budgeted officers and an increase to the number of CSO positions, an interim measure to meet work demands due to the number of sworn officer vacancies. 4) Does not include Emergency Management services, which are included in Public Safety on the Statement of Revenues, Expenditures, and Changes in Fund Balance. City of Ukiah Measure P Schedule of Revenues, Expenditures, and Changes in Fund Balances – Baseline to Current Actual For the Year Ended June 30, 2020 Source: City of Ukiah Comprehensive Annual Financial Report, Fiscal Year Ended June 30, 2020 Page 270 of 281 Page 1 of 2 Agenda Item No: 12.a. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1526 AGENDA SUMMARY REPORT SUBJECT: Consideration of Adoption of Resolution to Remove On-Street Parking on State Street, from the Intersection of Mill Street to Beacon Lane. DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works ATTACHMENTS: 1. Proposed No Parking Notice 2. Public Comment 3. Resolution Summary: Council will consider adoption of a resolution to remove on-street parking on State Street, from the intersection of Mill Street to southern city limits (Beacon Lane) . Background: "Complete streets" is a transportation policy and design approach that requires streets to be planned, designed, operated and maintained to enable safe, convenient and comfortable travel and access for users of all ages and abilities regardless of their mode of transportation. The California Complete Streets Act (AB 1358), adopted in 2008, requires that cities and counties incorporate “Complete Street” policies when updating their General Plan Circulation Element. Ukiah's General Plan is in the process of being updated now (https://ukiah2040.com/); however, Engineering Staff and City contractors have already been working to incorporate Complete Streets principles into their designs for many years. Recently, in anticipation of an accelerated street improvement schedule, the City Council created a Complete Streets Ad Hoc Committee and appointed Members Rodin and Crane to participate in this effort. The design of South State Street between Mill and Beacon has been approved by Council. In order to incorporate Complete Streets principles, the design by Engineering staff included buffered bike lanes. This item requires very little engineering but will provide a significant benefit to the multimodal community. The design has been approved by the Ukiah City Council, but the elimination of parking is also required to accommodate the bike lanes. Discussion: On March 24, 2022, Public Works sent out a notice informing stakeholders (property owners and occupants of those addresses) of the proposal to remove on-street parking along both sides of State Street between Mill Street and Beacon Lane, the southernmost street within the city limits. A copy of the notice can be found in Attachment 1. Public Works Staff has monitored this area for several months and has noted very few cars parked along this affected area. Of the cars that were occasionally parked in this area, it appears that all of them had other nearby parking options. As of writing this agenda item, Public Works Staff has received one comment from the dentist's office located at 1119 S. State Street. Their comments and concerns can be found in Attachment 2. The results of removing the on-street parking are depicted on the map (Exhibit A to the Resolution). Staff is recommending that Council adopt the Resolution (Attachment 3) removing the on-street parking on both sides of State Street between Mill Street and Beacon Lane. Page 271 of 281 Page 2 of 2 Recommended Action: Adopt a resolution removing on-street parking on State Street from the intersection of Mill Street to Southern City Limits (Beacon Lane). BUDGET AMENDMENT REQUIRED: N/A CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: Tim Eriksen, Director of Public Works Page 272 of 281 300 Seminary Avenue • Ukiah • CA • 95482-5400 Phone: (707) 463-6233 · Fax: (707) 313-3621 · www.cityofukiah.com March 24, 2022 State Street Resident/Property Owner RE: Proposed no parking on State Street between Mill Street and Beacon Lane To Whom it may concern: This letter is meant to notify you of a proposed project to remove parking along State Street between Mill Street and Beacon Lane as shown on the back of this letter. The purpose of this change is part of a project to repave this section of State Street. The removal of parking is required in order to install protected bike lanes for this area. The proposal will be presented and discussed at the April 6th, 2022 City Council Meeting held within the City of Ukiah Civic Center at 300 Seminary Ave. Instructions on how to attend this meeting virtually can be found at http://www.cityofukiah.com/meetings/ If you would like to voice your thoughts or concerns prior to the Council Meeting you may contact the Public Works/Water Resources Analyst Seth Strader at (707)467-5719 or sstrader@cityofukiah.com. Sincerely, Tim Eriksen Director of Public Works ATTACHMENT 1 Page 273 of 281 Beacon Lane Mill Street S. State Street LAUREL AV E N U E E A S T G O B B I S T R E E T S O U T H D O R A S T R E E T S O U T H S T A T E S T R E E T WAS HINGTON AVEN UE W E S T M I L L S T R E E T TALMAGE ROAD TAL M AG E F RO NTAGE ROA D C O O P E R LA N E DEBORAH COURT L O U I S E C O U R T O L G A P L A C E M C P E A K S T R E E T S O U T H S T R E E T L U C E A V E N U E O B S E R V A T O R Y A V E N U E CUNN I N G H A M S T R E E T S A N JACIN T A U S 1 0 1 RUPE STREET S O U T H O A K S T R E E T L E S L I E S T R E E T O A K P A R K A V E N U E BEACON LANE WASHINGTO N C OURT B E A C O N D R I V E N O K O M I SD R I V E WABA SH AVENUE C O C H R A N E A V E N U E M A R W E N D R I V E H E L E N A V E N U E P O M O L I T A D R I V E CHERRY STREET D O O L A N C A NY O N D R I V E MEN D O C I N O DRIVE A L B R I G H T P L A C E W E S T G O B B I S T R E E T S O U T H M A I N S T R E E T G A R D E N S A V E N U E J O N E S S T R E E T B E T T Y S T R E E T A L I C E A V E N U E M A R L E N E S T R E E T DOOLA N D R I V E BANKERBO U L E V A R D E AST MILL STREET BEACON WAY BERKLEY WAY RA NE E LA NE S O U T H S C H O O L S T R E E T R E D W O O D A V E N U E F R E I T A S A V E N U E THOMAS STREET R O B I N S O N L A N E C R E E KSIDE COURT W A U G H L A N E S O U T H O R C H A R D A V E N U E Y O K AYO C O URT P O R Z I O L A N E CHERRY COURT COMMERCE DRIVE V I L LAGE CI R C L E A I R P O R T R O A D C A R O L Y N S T R E E T S O U T H B A R N E S B A R B A R A S T R E E T H O L D E N S T R E E T H I L L C REST AVENUE C O U R T S T R E E T M A R S H A L L S T R E E T S O U T H D O R A S T R R E T L E W I S L A N E C R E S T A D R I V E LO R R A I N E S T R E E T M U L B E R R Y S T REET CI N D E E D R I V E R O S E A V E N U E Y O K A Y O D R I V E HASTINGS AVENUE A I R P O R T P A R K B O U L E V A R D BAYW OODCOURT PROPOSED NO PARKING ´ 0 1,000500FeetDocument Path: S:\Public Works\Stricklin, Andrew\GIS Maps\G IS\Projects\Parking\No Parking on State Street.mxd This map is a guide. Every reasonableeffort has been made to ensure the accuracyof the map and data provided. Parcel linesare not intended to represent surveyed data.Date Saved: 3/23/2022 7:46:10 AM Public Works Proposed No Parking Page 274 of 281 From:KM Jeffers To:Seth Strader Subject:proposed bike lane Date:Wednesday, March 30, 2022 11:13:08 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Good Morning. I am writing in regard to the proposed bike lane from Mill St. to Beacon Ln. We are very concerned about not having any street parking for our employees/patients. We currently have ten (one handicap) parking spaces on our property and we have ten employees that work and they park on the street to allow our patients to park in our spaces. We object to removing street parking. This is not acceptable. Please contact us with any questions. Wilda "Willy" Gordon, Manager KM Jeffers Dental Corporation, dba Ukiah Family Dentistry 1119 South State Street, Ukiah, CA 95482 707.462.2993, 707.462.3999 fax www.ukiahdentist.com ATTACHMENT 2 Page 275 of 281 RESOLUTION 2022- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING ON-STREET PARKING ALONG STATE STREET BETWEEN MILL STREET AND SOUTHERN CITY LIMITS (BEACON LANE) WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, Public Works is implementing Complete Streets concepts in concert with the Complete Street Ad Hoc; and WHEREAS, Public Works is implementing the expenditure plan of Bond Funds as directed by City Council on February 2, 2022; and WHEREAS, Public Works has identified State Street as a corridor that has opportunities for multi-modal form of travel; and WHEREAS, the City Engineer has considered the request in March 2022, to establish the no parking zone within the City of Ukiah; and WHEREAS, the City Engineer recommends this request regarding the no parking zone. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish a no parking zone on State Street at a location determined by the City Engineer, and as depicted in Exhibit A. PASSED AND ADOPTED this 6th day of April, 2022 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ______________________ Jim O. Brown, Mayor ATTEST: _______________________ Kristine Lawler, City Clerk ATTACHMENT 3 Page 276 of 281 Beacon Lane Mill Street S. State Street LAUREL AV E N U E E A S T G O B B I S T R E E T S O U T H D O R A S T R E E T S O U T H S T A T E S T R E E T WASHINGTON AVENUE WEST MILL S T R E E T TALMAGE ROAD TAL M AG E F RO NTAGE ROA D C O O P E R LA N E DEBORAH COURT LOUISE COURT O L G A P L A C E M C P E A K S T R E E T S O U T H S T R E E T LUCE AVENUE OBSERVATORY AV E N U E CUNN I N G H A M S T R E E T S A N JACIN T A U S 1 0 1 RUPE STREET S O U T H O A K S T R E E T L E S L I E S T R E E T O A K P A R K A V E N U E BEACON LANE WA S H I N G T O N C O U R T BEACON DRIVE N O K O M I SD R I V E WABASH AVENUE COCHRANE AVENU E M A R W E N D R I V E H E L E N A V E N U E P O M O L I T A D R I V E CHERRY STREET DOOLAN CANYON DRIVE MEN D O C I N O DRIVE A L B R I G H T P L A C E W E S T G O B B I S T R E E T S O U T H M A I N S T R E E T G A R D E N S A V E N U E JONES STR E E T B E T T Y S T R E E T A L I C E A V E N U E MARLENE STREET DOOLA N D R I V E BANKERBO U L E V A R D E AST MILL STREET BE A C O N W A Y BE R K L E Y W A Y RA N E E L A N E S O U T H S C H O O L S T R E E T REDWOOD AVEN U E FREITAS AV E N U E THOMAS STREET R O B I N S O N L A N E C R E E KSIDE COURT W A U G H L A N E S O U T H O R C H A R D A V E N U E Y O K AYO C O URT P O R Z I O L A N E CHERRY COURT COMMERCE DRIVE V I L LAGE CI R C L E A I R P O R T R O A D C A R O L Y N S T R E E T S O U T H B A R N E S B A R B A R A S T R E E T HOLDEN STREET H I L L C REST AVENUE C O U R T S T R E E T M A R S H A L L S T R E E T S O U T H D O R A S T R R E T LEWIS LANE C R E S T A D R I V E LO R R A I N E S T R E E T M U L B E R R Y S T REET CI N D E E D R I V E R O S E A V E N U E Y O K A Y O D R I V E HASTINGS AVENUE A I R P O R T P A R K B O U L E V A R D BAYW OODCOURT PROPOSED NO PARKING ´ 0 1,000500FeetDocument Path: S:\Public Works\Stricklin, Andrew\GIS Maps\GIS\Projects\Parking\No Parking on State Street.mxd This map is a guide. Every reasonableeffort has been made to ensure the accuracyof the map and data provided. Parcel linesare not intended to represent surveyed data.Date Saved: 3/23/2022 7:46:10 AM Public Works Proposed No Parking EXHIBIT A Page 277 of 281 Page 1 of 1 Agenda Item No: 13.a. MEETING DATE/TIME: 4/6/2022 ITEM NO: 2022-1504 AGENDA SUMMARY REPORT SUBJECT: Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s). DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Mayor Brown and Various Councilmembers ATTACHMENTS: 1. 2022 City Council Special Assignments Summary: City Council members will provide reports and updates on their committee and ad hoc assignments. If necessary, the Council may consider modifications. Background: City Council members are assigned to a number of committees and ad hoc activities. These assignments are included as Attachment 1. Discussion: Previously, the City Council discussed having more time allocated to reporting on committee and ad hoc activities. Often, the Council Reports section of the regular agenda is rushed due to impending business (i.e., public hearings), and not enough time is afforded for reports beyond community activities. In an effort to foster regular updates on committee and ad hoc assignments, this item is being placed on the agenda to provide the City Council members an expanded opportunity to report on assignments and modify assignments as necessary. Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s). BUDGET AMENDMENT REQUIRED: No CURRENT BUDGET AMOUNT: N/A PROPOSED BUDGET AMOUNT: N/A FINANCING SOURCE: N/A PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A COORDINATED WITH: N/A Page 278 of 281  2022 CITY COUNCIL SPECIAL ASSIGNMENTS COUNTY/REGIONAL OnGoing One + Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Disaster Council Shall meet a minimum of once a year at a time and place designated upon call of the chair Place designated upon call of the chair or, if she/he is unavailable or unable to call such meeting, the first vice chair and then the City Manager or her/his designee. Office of Emergency Management 300 Seminary Ave. Ukiah, CA 95482 467-5765 - Tami Bartolomei Develop any necessary emergency and mutual aid plans, agreements, ordinances, resolutions, rules, and regulations. Orozco Duenas- Alternate Tami Bartolomei, Office of Emergency Management Coordinator; 467-5765 tbartolomei@cityofukiah.com Greater Ukiah Business & Tourism Alliance 3rd Tuesday of month, 11:30 a.m. 200 S School St. Ukiah, CA 95482 200 S School St. Ukiah, CA 95482 Promotes tourism and works to strengthen and promote the historic downtown and businesses within the greater Ukiah area Duenas Rodin - Alternate Shannon Riley,Deputy City Manager; 467-5793 sriley@cityofukiah.com Mendocino Council of Governments (MCOG) 1st Monday of month, 1:30 p.m. Board of Supervisors Chambers 501 Low Gap Road Ukiah, CA Executive Director 367 N. State Street, Ste. 206 Ukiah, CA 95482 463-1859 Plan and allocate State funding, transportation, infrastructure and project County wide Brown Rodin- Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino County Inland Water and Power Commission (IWPC) 2nd Thursday of month, 6:00 p.m. Civic Center 300 Seminary Avenue conference room 5 IWPC Staff P.O. Box 1247 Ukiah, CA 95482 391-7574 - Candace Horsley Develops coordination for water resources and current water rights: Potter Valley project - Eel River Diversion Orozco Brown- Alternate Sean White,Director of Water Resources; 463-5712 swhite@cityofukiah.com Mendocino Solid Waste Management Authority (MSWMA) 3rd Thursday of every other month (varies), 10:00 a.m. Willits Council Chambers Solid Waste Director 3200 Taylor Drive Ukiah, CA 95482 468-9710 County-wide Solid Waste JPA Brown Duenas- Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Mendocino Transit Authority (MTA) Board of Directors Last Wednesday of month, 1:30 p.m. Alternating locations - Ukiah Conference Center or Fort Bragg, or Point Arena Executive Director 241 Plant Road Ukiah, CA 95482 462-1422 County-wide bus transportation issues and funding Duenas Orozco - Alternate Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com North Coast Opportunities (NCO)4th Wednesday of month, 2 p.m. Alternating locations - Ukiah and Lakeport Ross Walker, Governing Board Chair North Coast Opportunities 413 North State Street Ukiah, CA 95482 Assist low income and disadvantaged people to become self reliant Bartolomei (appointed 12/19/18) Tami Bartolomei, Community Services Administrator; 467-5765 tbartolomei@cityofukiah.com North Coast Rail Authority (NCRA)2nd Wednesday of month, 10:30 a.m.Various Locations - announced 419 Talmage Road, Suite M Ukiah, CA 95482 463-3280 Provides a unified and revitalized rail infrastructure meeting the freight and passenger needs of the region Shannon Riley, Deputy City Manager Shannon Riley,Deputy City Manager; 467-5793 sriley@cityofukiah.com Russian River Watershed Association (RRWA) 4th Thursday of month, 9:00 a.m. (only 5 times a year) Windsor Town Hall Russian River Watershed Association Attn: Daria Isupov 425 South Main St., Sebastopol, CA 95472 508-3670 Consider issues related to Russian river - plans projects and funding requests Rodin Brown- Alternate Tim Eriksen, Public Works Director/City Engineer;463-6280 teriksen@cityofukiah.com Ukiah Valley Basin Groundwater Sustainability Agency (GSA) 2nd Thursday of month, 1:30 p.m. Board of Supervisors Chambers; 501 Low Gap Road Ukiah, CA County Executive Office Nicole French 501 Low Gap Rd., Rm. 1010 Ukiah, CA 95482 463-4441 GSA serves as the Groundwater Sustainability Agency in the Ukiah Valley basin Crane Duenas- Alternate Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com COUNTY/REGIONAL One + Staff Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Economic Development & Financing Corporation (EDFC) 2nd Thursday of month, 2:00 p.m. Primarily 631 S. Orchard Street (location varies) Executive Director 631 South Orchard Avenue Ukiah, CA 95482 467-5953 Multi-agency co-op for economic development and business loan program Riley (appointed 12/19/18) Shannon Riley, Deputy City Manager; 467-5793 sriley@cityofukiah.com Sun House Guild ex officio 2nd Tuesday of month, 4:30 p.m. Sun House 431 S. Main St. Ukiah, CA 431 S. Main Street Ukiah, CA 95482 467-2836 Support and expand Grace Hudson Museum Orozco Neil Davis- Alternate David Burton, Museum Director; 467-2836 dburton@cityofukiah.com Continued - COUNTY/REGIONAL One + Staff Alternate MTG DATE/TIME MEETING LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Mendocino Youth Project JPA Board of Directors 3rd Wednesday of month, 7:45 a.m.776 S. State Street Conference Room Mendocino Co. Youth Project 776 S. State Street, Ste. 107 Ukiah, CA 95482 707-463-4915 Targets all youth with a focus on drug and alcohol prevention, healthy alternatives and empowering youth to make healthy choices Cedric Crook, Patrol Lieutenant Cedric Crook, Patrol Lieutenant Nob; 463-6771; ccrook@cityofukiah.com Northern California Power Agency (NCPA) - Commission 4th Thursday of month, 9:00 a.m. (see NCPA calendar) Roseville, CA and other locations 651 Commerce Drive Roseville, CA 95678 916-781-4202 Pool of State and local power utilities developing and operating power generation, providing scheduling and related energy services and providing regulatory and legislative support. Crane - Commissioner Sauers - Alternate and Commissioner in absence of Commissioner Crane Cindi Sauers - Electric Utility Director; 463-6286 csauers@cityofukiah.com Northern California Power Agency (NCPA) – Lodi Energy Center (LEC) Appointment 2nd Monday of  month, 10:00 AM Lodi, CA and other locations 651 Commerce Drive Roseville, CA 95678 916-781-4299 Committee oversees the operation, maintenance and  expenditures of the LEC 300 MW generating project. Sauers – Project Participate  Appointee Cindy Sauers, Electric Utility Director, 463‐6286, csauers@cityofukiah.com Transmission Agency of Northern California (TANC) 4th Wednesday of month, 10 a.m. 35 Iron Point Circle Suite 225 Folsom, CA 35 Iron Point Cir #225 Folsom, CA 95630 916-852-1673; info@tanc.us Provide electric transmission to its Member utilities through transmission line ownership or contract arrangements. Crane Sauers - Alternate Cindi Sauers - Electric Utility Director; 463-6286 csauers@cityofukiah.com 1 2/25/2022 ATTACHMENT 1 Page 279 of 281  2022 CITY COUNCIL SPECIAL ASSIGNMENTS LOCAL/COUNTY/REGIONAL/LIASONS OnGoing One or Two Council and/or Staff MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT League of California Cities Redwood Empire Legislative Committee Prior to Division Meetings, meets 3x in person and then via conference call Various locations that are announced Redwood Empire League President; Public Affairs Program Manager (916) 658-8243 Elected city officials and professional city staff attend division meetings throughout the year to share what they are doing and advocate for their interests in Sacramento Rodin Orozco-Alternate Sage Sangiacomo, City Manager; 463-6221 ssangiacomo@cityofukiah.com City Selection Committee Called as required by the Clerk of the Board BOS Conference Room 501 Low Gap Rd. Rm. 1090 Ukiah, CA C/O: BOS 501 Low Gap Rd., Rm 1090 Ukiah, CA 95482 463-4441 Makes appointments to LAFCO and Airport Land Use Commission Mayor Kristine Lawler, City Clerk; 463-6217 klawler@cityofukiah.com Investment Oversight Committee Varies Civic Center 300 Seminary Ave. Ukiah, CA 95482 Civic Center 300 Seminary Ave. Ukiah, CA 95482 Reviews City investments, policies, and strategies Crane Orozco, Alternate Alan Carter, Treasurer Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Library Advisory Board 3rd Wednesdays of alternate months; 1:00 p.m. Various Mendocino County Libraries Ukiah County Library 463-4491 Review library policy and activities Supervisor Mulheren Kristine Lawler, City Clerk; 463-6217; klawler@cityofukiah.com Ukiah Players Theater Board of Directors 3rd Tuesday of month, 6:00 p.m 1041 Low Gap Rd Ukiah, CA 95482 462-1210 1041 Low Gap Rd Ukiah, CA 95482 462-1210 To oversee the activities, organization and purpose of the Ukiah Players Theater Greg Owen, Airport Manager (appointed 12/19/18) Kristine Lawler, City Clerk; 463-6217 klawler@cityofukiah.com Ukiah Unified School District (UUSD) Committee Quarterly 511 S. Orchard, Ste. D Ukiah, CA 95482 511 S. Orchard Ukiah, CA 95482 Information exchange with UUSD Board Chair, Mayor, Superintendent, and City Manager Mayor, City Manager and Police Chief Sage Sangiacomo, City Manager; 463-6221 ssangiacomo@cityofukiah.com Russian River Flood Control District (RRFCD) Liaison 1st Monday of month, 5:30 p.m. 151 Laws Ave.,Suite D Ukiah, CA 151 Laws Ave., Ukiah, CA 95482; rrfc@pacific.net; 462-5278 Proactively manage the water resources of the upper Russian River for the benefit of the people and environment of Mendocino County White/Orozco Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com Mendocino County Local Area Formation Commission (LAFCO) 1st Monday of month, 9:00 a.m.Board of Supervisors Chambers Executive Director 200 S. School Street, Ste. 2 Ukiah, CA 95482 463-4470 Required by legislation - planning spheres of influence, annexation, service areas, and special districts Rodin/Crane Craig Schlatter, Director of Community Development; 463-6219; cschlatter@cityofukiah.com Mendocino County Airport Land Use Commission As needed BOS Conference Room 501 Low Gap Rd., Rm. 1090, Ukiah, CA Mendocino County Executive Office 501 Low Gap Rd. Rm. 1010 Ukiah, CA 95482 To formulate a land use compatibility plan, provide for the orderly growth of the airport and the surrounding area, and safeguard the general welfare of the inhabitants within the vicinity Owen/Schlatter Greg Owen, Airport Manager; 467-2855; gowen@cityofukiah.com Craig Schlatter, Director of Community Development; 463-6219; cschlatter@cityofukiah.com Mendocino County 1st District Liaison Monthly; TBD Civic Center Annex conference room #5 411 West Clay St. Ukiah, CA 95482 Civic Center 300 Seminary Ave. Ukiah, CA 95482 To coordinate activities and policy development with the City's 1st District Supervisor Brown Crane- Alternate Sage Sangiacomo, City Manager; 463-6221; ssangiacomo@cityofukiah.com Mendocino County 2nd District Liaison 1st Wednesdays of month, 8:00 a.m. Civic Center Annex conference room #5 411 West Clay St. Ukiah, CA 95482 Civic Center 300 Seminary Ave. Ukiah, CA 95482 To coordinate activities and policy development with the County's 2nd District Supervisor Brown Shannon Riley, Deputy City Manager; 467-5793 sriley@cityofukiah.com LOCAL/COUNTY/REGIONAL/LIASONS OnGoing One or Two Council and/or Staff MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Fire Executive Committee 2nd Wednesdays of month, 3:45 p.m. Ukiah Valley Conference Center, 200 S. School Street Ukiah, CA Stephanie Abba Civic Center 300 Seminary Ave. Ukiah, CA 95482 sabba@cityofukiah.com Per the recently adopted agreement between the City of Ukiah and the Ukiah Valley Fire Protection District Orozco/Brown Doug Hutchison, Fire Chief; 463-6263; dhutchison@cityofukiah.com STANDING COMMITTEES MTG DATE/TIME LOCATION MAILING ADDRESS/CONTACT COMMITTEE FUNCTION ASSIGNED TO PRINCIPAL STAFF SUPPORT Equity and Diversity TBD Virtual Meeting Room (link to be created) Civic Center 300 Seminary Ave. Ukiah, CA 95482 Improve diversity and equity in the City’s workforce and municipal services Orozco/Duenas Traci Boyl, City Manager's Office Management Analyst; 467-5720 tboyl@cityofukiah.com 2 2/25/2022 Page 280 of 281 COMMITTEE ASSIGNED TO PRINCIPAL STAFF SUPPORT Electric Grid Operational Improvements Crane/Orozco Cindy Sauers, Electric Utility Director; 463-629586 csauers@cityofukiah.com Trench Cut Policy Development Crane/Brown Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Budget Development Best Practices and Financial Policy For FY 22/23 Budget Crane/Brown Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com Sheri Mannion, Human Resource Director/Risk Manager; 463-6272, smannion@cityofukiah.com Advance Planning & Policy for Sphere of Influence (SOI), Municipal Service Review (MSR), Annexation, Tax Sharing, Detachment, and Out of Area Service Agreements Crane/Rodin Sage Sangiacomo, City Manager 463-6221 ssangiacomo@cityofukiah.com Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com Sean White, Director of Water Resources; 463-5712 swhite@cityofukiah.com Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Cindy Sauers, Electric Utility Director; 463-629586 csauers@cityofukiah.com Dan Buffalo, Director of Finance; 463-6220 dbuffalo@cityofukiah.com 2021 Electric Rate Study Crane/Duenas Cindy Sauers, Electric Utility Director;  463‐6286 csauers@cityofukiah.com Housing Policy Rodin/Orozco Craig Schlatter, Community Development Director 463-6219 cschlatter@cityofukiah.com UVSD/ City Relations Ad hoc committee to address specific issues with the Ukiah Valley Sanitation District, including discussion of overall sewer system service delivery policies, operating policy revisions, potential revisions to the current Operating Agreement, and cost sharing Crane/Brown Dan Buffalo, Director of Finance;  463‐6220 dbuffalo@cityofukiah.com Sean White, Water Resources Director 463‐5712 swhite@cityofukiah.com  Upper Russian River Water Agency/City Relations Crane/Brown Sean White, Director of Water Resources;  463‐5712 swhite@cityofukiah.com    Orr Street Bridge Corridor Rodin/Duenas Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Complete Streets Rodin/Crane Tim Eriksen, Public Works Director/City Engineer; 463-6280 teriksen@cityofukiah.com Shannon Riley, Deputy City Manager 467-5793 sriley@cityofukiah.com Neil Davis, Community Services Director 467-5764 ndavis@cityofukiah.com Cannabis Ordinance Modifications Rodin/Duenas Craig Schlatter, Community Development Director 463‐6219 cschlatter@cityofukiah.com Special Districts Brown/Crane Shannon Riley, Deputy City Manager 467‐5793 sriley@cityofukiah.com Public Financing Rodin/Orozco Dan Buffalo, Director of Finance;  463‐6220 dbuffalo@cityofukiah.com 2022 AD HOC COMMITTEES 3 3/17/2022 Page 281 of 281